Clark v. Davis
Michigan Supreme Court
Case made from St. Joseph Circuit. This cause was brought into the circuit by an appeal from an order of the probate court denying the application of said Daniel Clark to have the surplus money belonging to the estate of Dolphus 0. Clark, deceased, applied to the payment of a mortgage given by the deceased, and resting upon lands which have descended to said Daniel Clark, as heir at law of said deceased.
1Opinion of the Court
Cooley, J:
In the briefs in this case the discussion has taken a wide range, embracing cpiestions of the marshalling of assets, and of the general right of heirs at law to have debts which are secured by mortgage on lands paid from the personalty to the relief of the real estate. Whether these questions are fairly in the case, as it is now presented, is perhaps the point to which our attention should first be addressed.
The controversy arises out of the distribution of the estate of which the respondent is administrator; the widow claiming a surplus of moneys which remains after the payment of…
2Cases cited1 opinion
- Fish v. MorseMichigan Supreme Court · 1860
3Cited by14 opinions
- Shurbun v. HooperMichigan Supreme Court · 1879
- In Re Estate of JeffersMichigan Supreme Court · 1935
- Draper v. BrownMichigan Supreme Court · 1908
- Lannon v. HackettWisconsin Supreme Court · 1880
- Rankin v. City of Big RapidsCourt of Appeals for the Sixth Circuit · 1904
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