Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 161Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, James M. Reasoner, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, Richard W. Cooper Phelphs & Stevens, printers, 1910 - Law reports, digests, etc |
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Results 1-5 of 89
Page 5
... authority of the following cases , that a preponderance of the proof is sufficient , and that the complainant has amply met this duty . Sanborn v . Sanborn , 104 Mich . 184 ( 62 N. W. 371 ) ; Kellogg v . Northrup , 115 Mich . 328 ( 73 ...
... authority of the following cases , that a preponderance of the proof is sufficient , and that the complainant has amply met this duty . Sanborn v . Sanborn , 104 Mich . 184 ( 62 N. W. 371 ) ; Kellogg v . Northrup , 115 Mich . 328 ( 73 ...
Page 6
... authority is distinct in holding that the party thus seek- ing to modify the operation of the instrument and prove himself entitled against the terms of his own deed to an equity of redemp- tion is not only bound to make out that the ...
... authority is distinct in holding that the party thus seek- ing to modify the operation of the instrument and prove himself entitled against the terms of his own deed to an equity of redemp- tion is not only bound to make out that the ...
Page 12
... authorities holds that courts incline against con- ditional sales , as they do against forfeitures ; and when , upon all the circumstances , the mind is uncertain whether a security or a sale was intended , the courts , guided by ...
... authorities holds that courts incline against con- ditional sales , as they do against forfeitures ; and when , upon all the circumstances , the mind is uncertain whether a security or a sale was intended , the courts , guided by ...
Page 22
... authorities are not in harmony upon the question here presented . This court has never passed upon it . In the case of Schermerhorn v . Merritt , 123 Mich . 310 ( 82 N. W. 513 , 83 N. W. 405 ) , cited as authority by contest- ant , the ...
... authorities are not in harmony upon the question here presented . This court has never passed upon it . In the case of Schermerhorn v . Merritt , 123 Mich . 310 ( 82 N. W. 513 , 83 N. W. 405 ) , cited as authority by contest- ant , the ...
Page 26
... authority to that effect has been read with care , with the result above stated . In several of them statements to that effect have been made , which were clearly dicta , and where the question was not before the court . In the leading ...
... authority to that effect has been read with care , with the result above stated . In several of them statements to that effect have been made , which were clearly dicta , and where the question was not before the court . In the leading ...
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Common terms and phrases
action adverse possession affidavit affirmed agreed agreement alleged amended amount appears appellee assigned Assumpsit attorney Battle Creek Bay City bill of complaint BLAIR cars charge circuit court circuit judge cited City of Detroit claim Comp Company complainant contract corporation counsel court of equity creditors David Shepard deceased declaration decree deed defendant defendant's Docket drain commissioner entitled evidence fact fendant filed follows fraud Grand Rapids held HOOKER indorser James Foley judgment jury Kalamazoo land lease liable lien Lieska liquor MCALVAY ment Michigan Michigan Central Railroad MOORE mortgage negligence notice opinion OSTRANDER paid parties payment person plaintiff possession premises proceedings purchase question Railroad Railway reason received record recover respondent rule Ruttle statute Submitted April suit surety taxes testator testified testimony thereof tion township trial verdict wife witness writ of error
Popular passages
Page 311 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...
Page 207 - ... demand whatsoever, of the said party of the first part, either in law or equity, of...
Page 22 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Page 207 - York of the second part witnesseth that the said party of the first part for and in consideration of the sum of two hundred and seventy seven dollars money of account of the United States to him in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged...
Page 389 - There is no cast-iron line of uniformity which prevents a charge from being above or below a particular sum, or requires that the service shall be exactly along the same lines.
Page 104 - A qualified indorsement constitutes the indorser a mere assignor of the title to the instrument. It may be made by adding to the indorser's signature the words " without recourse ", or any words of similar import.
Page 69 - Notice of dishonor is not required to be given to an indorser in either of the following cases: — 1. Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument; 2. Where the indorser is the person to whom the instrument is presented for payment; 3. Where the instrument was made or accepted for his accommodation.
Page 619 - ... where the testator gives to the first taker an estate for life only, by certain and express words, and annexes to it a power of disposal. In that particular and special case, the devisees for life will not take an estate in fee, notwithstanding the distinct and naked gift of a power of disposition of the reversion.
Page 207 - In witness whereof, the said party of the first part has hereunto set his hand and seal, the day and year first above written.
Page 171 - ... shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith...