Legal Opinion

Humphrey v. West

Michigan Supreme Court

Decided April 22, 1879PublishedCited by 2 opinions

Appeal from Shiawassee. Bill to set aside a deed and for a reconveyance. ■Complainant claimed that being old and infirm and •desiring to make his property available for his support, he had conveyed a farm to William West, from whom he received in return a life lease of it on which full payment was acknowledged; that the consideration for the conveyance was that West should take him into his own family and maintain, him for the rest of,his life and pay the taxes on his farm;…

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Appeal from Shiawassee. Bill to set aside a deed and for a reconveyance. ■Complainant claimed that being old and infirm and •desiring to make his property available for his support, he had conveyed a farm to William West, from whom he received in return a life lease of it on which full payment was acknowledged; that the consideration for the conveyance was that West should take him into his own family and maintain, him for the rest of,his life and pay the taxes on his farm; that he relied on West’s ability to carry out this arrangement because of the latter’s assertion that his own property…

1Opinion of the CourtMarston, J.

The proofs in this case are not as clear and satisfactory as we could wish. We are of opinion that at the time complainant deeded his land to defendant William and took back a life lease, it was understood and agreed that complainant should have a home with and be supported by the grantee. In the absence of such an agreement no good reason is given why such a conveyance should have been made. There was no consideration paid by the grantee therefor, nor any agreement to pay any consideration, nor is it apparent how complainant was to be benefited by the transfer except in the manner stated.…

2Cited by2 opinions

  1. Hays v. GlosterCalifornia Supreme Court · 1891
  2. Wolverton v. BakerCalifornia Supreme Court · 1890

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