Wright v. Kaynor
Michigan Supreme Court
Appeal from Kalamazoo; Adams, J. Bill by Ammi W. Wright against Ansel Kaynor, Levina Kaynor, William H. Bennett, and others, to determine the ownership of certain land, and for the specific performance of a land contract. From a decree dismissing the bill, complainant appeals. Defendant Ansel and Augusta Kaynor were owners as tenants in common of certain land of which that in controversy is a part.
Read the full summary
Appeal from Kalamazoo; Adams, J. Bill by Ammi W. Wright against Ansel Kaynor, Levina Kaynor, William H. Bennett, and others, to determine the ownership of certain land, and for the specific performance of a land contract. From a decree dismissing the bill, complainant appeals. Defendant Ansel and Augusta Kaynor were owners as tenants in common of certain land of which that in controversy is a part. On May 2, 1896, said Ansel and Augusta executed a lease to one Dee Allen for the term of five years upon an annual rental of $50. That part material to this controversy reads as follows: ‘ ‘…
1Opinion of the CourtGrant, J.
{after stating the facts). Ansel Kaynor evidently acted upon the belief that he and Augusta owned this land as tenants in entirety. The deed to them did *11not describe them as husband and wife. The conveyance was to Ansel Kaynor and Augusta Kaynor as grantees, and to their heirs and assigns. The habendum clause was the same. While they went through a ceremony of marriage and lived together as husband and wife, they were not so in fact, as Ansel had been previously married and by a decree of divorce or separation by the proper court in the State of New York, where he resided, he was prohibited…
2Cases cited14 opinions
- Delashman v. BerryMichigan Supreme Court · 1870
- Drummond v. CraneMassachusetts Supreme Judicial Court · 1893
- Wheeler v. New Brunswick & Canada RailroadSupreme Court of the United States · 1885
- City Nat'l Bank of Poughkeepsie v. . PhelpsNew York Court of Appeals · 1881
- Baker v. KelloggOhio Supreme Court · 1876
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Colyear v. TobrinerCalifornia Supreme Court · 1936
- Mitchell v. FrederickCourt of Appeals of Maryland · 1934
- In Re Smith TrustMichigan Court of Appeals · 2007
- Helena Light & Ry. Co. v. Northern Pacific Ry. Co.Montana Supreme Court · 1920
- Meadow Heights Country Club v. HinckleyMichigan Supreme Court · 1924
15 more not listed; retrieve them via the Exa API.