Legal Opinion

Ferry v. Miller

Michigan Supreme Court

Decided February 1, 1911No. Docket No. 88PublishedCited by 4 opinions

Appeal from Calhoun; North, J. Bill by Sarah B. Ferry against Silas A. Miller, Horace L. Cronk, and Sarah A. Cronk to redeem from a deed given as security for a loan and to obtain other relief. From a decree dismissing complainant’s bill, complainant appeals.

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Appeal from Calhoun; North, J. Bill by Sarah B. Ferry against Silas A. Miller, Horace L. Cronk, and Sarah A. Cronk to redeem from a deed given as security for a loan and to obtain other relief. From a decree dismissing complainant’s bill, complainant appeals. On November 9, 1907, Ida Mae Miller, wife of defendant Silas A. Miller, was confined in the Calhoun county jail in default of the payment of a fine of $200. On that day she was the owner of lots 93, 94, 95, and 96 of Highland Park addition to the city of Battle Creek. Those lots were subject to an incumbrance of $333.75 to the Port Huron…

1Opinion of the CourtBrooke, J.

(after stating the facts). The only question presented by this record is whether Mrs. Miller or her grantee owns the four lots she conveyed to the Cronks, subject to' their mortgage lien, or whether they belong, as held by the learned circuit judge, to her husband. It is not questioned upon this record that Mrs. Miller agreed with her husband that, if he would raise the amount of her fine and secure her release from jail, she would deed absolutely to him, or to any one for him, the four lots she owned. He testifies (and is not contradicted) that he took her deed directly to the Cronks,…

2Cases cited4 opinions

  1. Messmore v. CunninghamMichigan Supreme Court · 1889
  2. Nester v. SullivanMichigan Supreme Court · 1907
  3. Detroit, Plymouth & Northville Railway Co. v. HartzMichigan Supreme Court · 1907
  4. Waldron v. MerrillMichigan Supreme Court · 1908

3Cited by4 opinions

  1. Denby v. OzeranMichigan Supreme Court · 1931
  2. Hansen v. Cerro Gordo State Bank of Clear LakeSupreme Court of Iowa · 1930
  3. Oakman v. CommissionerUnited States Board of Tax Appeals · 1931
  4. Oakman v. CommissionerUnited States Board of Tax Appeals · 1931

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