Spring v. Raymond
Michigan Supreme Court
Appeal from Kent; Perkins, J. Bill by Amelia Spring against Fred M. Raymond to set aside an execution sale. From the decree rendered, defendant appeals. Complainant became the owner of the legal title to the lands in dispute March 7, 1900, by deed from her brother, George N. Shaw, who was .then, and had been for many years, the owner.
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Appeal from Kent; Perkins, J. Bill by Amelia Spring against Fred M. Raymond to set aside an execution sale. From the decree rendered, defendant appeals. Complainant became the owner of the legal title to the lands in dispute March 7, 1900, by deed from her brother, George N. Shaw, who was .then, and had been for many years, the owner. Through the fault of one to whom she intrusted this deed for record, it was not recorded until May 7, 1900. After this deed was given, defendant purchased a note against said Shaw and one Merrifield, who were joint makers, the consideration for which went to…
1Opinion of the CourtGrant, J.
(after stating the facts). In the view we have taken of this case, it is unnecessary to determine the question whether Mr. Shaw had homestead interests in this land at the time of the transfer to complainant, or whether the conveyance was made by both him and complainant with intent to defraud his creditors, or whether the sale is void because no attempt was first made to .satisfy the execution out of Mr. Shaw’s personal estate. Defendant’s main contention is that this levy took precedence over complainant’s unrecorded deed. It is insisted in his behalf that he had no actual or constructive…
2Cases cited3 opinions
- Corey v. SmalleyMichigan Supreme Court · 1895
- Atwood v. BearssMichigan Supreme Court · 1881
- Daniel v. PalmerMichigan Supreme Court · 1900
3Cited by3 opinions
- Fletcher Oil Co. v. Elm Lawn Cemetery Co. (In Re Fletcher Oil Co.)United States Bankruptcy Court, E.D. Michigan · 1990
- Bliss v. SlaterMichigan Supreme Court · 1906
- Coleman v. HogeMichigan Supreme Court · 1945