Thorkildsen v. Carpenter
Michigan Supreme Court
Appeal from Muskegon; Russell, J. Bill by Thomas Thorkildsen against George W. Carpenter. and Stephen H. Clink for a refunding of moneys paid in part consideration for a deed, and for the cancellation of a note and mortgage given for the balance. From a decree dismissing the bill on demurrer, complainant appeals. Defendant Carpenter was the owner of a tax title upon certain lands, the original title to which was in a corporation known as the Lake Harbor Company of Muskegon.
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Appeal from Muskegon; Russell, J. Bill by Thomas Thorkildsen against George W. Carpenter. and Stephen H. Clink for a refunding of moneys paid in part consideration for a deed, and for the cancellation of a note and mortgage given for the balance. From a decree dismissing the bill on demurrer, complainant appeals. Defendant Carpenter was the owner of a tax title upon certain lands, the original title to which was in a corporation known as the Lake Harbor Company of Muskegon. On August 7, 1897, he sold these lands to the complainant, and executed to him a quitclaim deed. The consideration was…
1Opinion of the CourtGrant, C. J.
(after stating the facts). Complainant insists that he is entitled to relief upon any one of four grounds: (1) Want of consideration; (2) false representations; (3) mutual mistake; (4) nonexistence of the subject-matter.
Good faith on the part of the defendants is conceded. It is also conceded that all parties acted in good faith, and believed the tax title was good. This is evidently a case of speculation. There was no fraud. Complainant chose to rely upon a quitclaim deed, by which he took only the title which defendant Carpenter had. Peters v. Cartier, *42180 Mich. 124 (20 Am. St. Rep. 508);…
2Cases cited7 opinions
- Clark v. SigourneySupreme Court of Connecticut · 1846
- Peters v. CartierMichigan Supreme Court · 1890
- Inhabitants of Barkhamsted v. CaseSupreme Court of Connecticut · 1825
- Smith v. PalmerMassachusetts Supreme Judicial Court · 1850
- Gouverneur v. ElmendorfNew York Court of Chancery · 1821
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- De Grasse v. Verona Mining Co.Michigan Supreme Court · 1915
- Grant v. CraigieMichigan Supreme Court · 1940
- Board of Directors v. Cottonwood Lumber Co.Supreme Court of Arkansas · 1908
- Kesler v. JohnsonMichigan Supreme Court · 1900
- Pilcher v. BlairAppellate Court of Illinois · 1924