Taylor v. Boardman
Michigan Supreme Court
Appeal in Chancery from Kent Circuit. Application for leave to file a bill of review. This was a bill filed by Charles W. Taylor against Francis D. Boardman, Barzillai Boardman, and William B. Ledyard, to quiet title to certain real estate described therein. The comixlainant.claimed title under a sale upon an execution, issued on a judgment against the defendant, Francis D. Boardman.
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Appeal in Chancery from Kent Circuit. Application for leave to file a bill of review. This was a bill filed by Charles W. Taylor against Francis D. Boardman, Barzillai Boardman, and William B. Ledyard, to quiet title to certain real estate described therein. The comixlainant.claimed title under a sale upon an execution, issued on a judgment against the defendant, Francis D. Boardman. The defense was,'that said Francis D. Boardman.purchased the land in question with money furnished him by his father, defendant Barzillai Boardman, and that said Francis D. took the title in his own name; that he…
1Per curiam
The newly discovered evidence is merely cumulative to that given in the original cause, and from the very nature of the cause itself, and the answer of the defendants, the fact of furnishing the money for the purchase of the land must necessarily have been brought to the attention of the petitioner; as this is the very ground set up by the answer, and was an affirmative fact, constituting said defendant’s case, and the burden of proving it rested upon him. From the very nature of the case he ought to have known then as much as he now knows of the means of proving it; his son, Francis D., one…
2Cited by3 opinions
- Mickle v. MaxfieldMichigan Supreme Court · 1879
- Thompson v. JarvisMichigan Supreme Court · 1879
- Tisman v. TismanMichigan Supreme Court · 1913