Loomis v. Brush
Michigan Supreme Court
Appeal iu Chancery from Wayne Circuit. 1. A conveyance of real estate by deed from a husband to bis wife, though void at law, may he sustained and enforced in equity: Shepard v. Shepard, 7 Johns.
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Appeal iu Chancery from Wayne Circuit. 1. A conveyance of real estate by deed from a husband to bis wife, though void at law, may he sustained and enforced in equity: Shepard v. Shepard, 7 Johns. Ch., 57; Hunt v. Johnson, 44 N. Y., 27; Sims v. Bicketts, 85 Ind., 181, 192; Dunning ' v. Williams, 26 Conn., 226; Burdeno v. Amperse, 14 Mieh., 96. 2. The record of this deed was notice to defendants: Laws 1883, p. 280; Ferry on Trusts, 196, § 223. 3. By the deed of July 3,1837, Frazard became the trustee or legal owner of the land, and his wife became the cestui que trust, or equitable owner of the…
1Opinion of the Court
Campbell, J:
Complainants file this bill as heirs, and grantees of heirs, of Maria Theresa Frazard, against several defendants who are purchasers, without actual notice, under title derived from her husband.
The bill sets up a purchase by the husband, Francis Joseph Frazard, in 1833, of a farm in Grosse Pointe, Wayne county, the purchase money whereof is alleged to have been paid by the wife out of her own money, brought over from France, where they had formerly resided. The land was *46taken in the husband’s name, and it is not charged to have been done fraudulently or improperly, and the family…
2Cases cited1 opinion
- Ransom v. RansomMichigan Supreme Court · 1874
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