Avery v. Payne
Michigan Supreme Court
Appeal in chancery from Genesee circuit. The original bill was filed by Avery for a partition of certain lands situate in the county of Genesee, of which the bill alleges complainant and defendant are tenants in common, each owning an undivided moiety; that com plainant became such owner and tenant in common by a deed of conveyance from defendant Payne and wife on or about the 19th day of February, 1856; that complainants at the time of such conveyance gave back to Payne a…
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Appeal in chancery from Genesee circuit. The original bill was filed by Avery for a partition of certain lands situate in the county of Genesee, of which the bill alleges complainant and defendant are tenants in common, each owning an undivided moiety; that com plainant became such owner and tenant in common by a deed of conveyance from defendant Payne and wife on or about the 19th day of February, 1856; that complainants at the time of such conveyance gave back to Payne a mortgage, accompanied by bis bond, to secure the payment of twenty - five thousand dollars out of the proceeds of sales…
1Opinion of the Court
Christiancy J.:
[After remarking upon the great and unnecessary length of the record, and the large amount of irrelevant testimony taken on both sides.]
Voluminous and excursive as the evidence is, it fails to throw any light upon some of the more important questions presented by the pleadings, and upon several others it is too slight to lead to a satisfactory conclusion. What were, in fact, all the features or provisions of the real agreement between the parties upon which the conveyance was to be made to Avery, and what was the real nature of some of the subsequent- transactions between them…
2Cited by14 opinions
- Roberts v. JonesMassachusetts Supreme Judicial Court · 1940
- Rayhol Co. v. HollandSupreme Court of Connecticut · 1930
- McInteer v. GillespieSupreme Court of Oklahoma · 1912
- Eberts v. FisherMichigan Supreme Court · 1884
- Roberts v. WallaceSupreme Court of Minnesota · 1907
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