Citation Numbers: 77 Mich. 256, 43 N.W. 918, 1889 Mich. LEXIS 740
Judges: Sherwood
Filed Date: 11/1/1889
Status: Precedential
Modified Date: 10/18/2024
The bill in this case is filed for the purpose of obtaining a decree setting aside a deed made by complainant to the defendant of 120 acres of land lying in the township of Armada, in the county of Macomb, and being a farm upon which complainant had made his home for more than thirty years. The consid
The defendant appeared and answered the bill, and the cause was heard on pleadings and proofs in the Macomb circuit before Judge Canfield, who dismissed the bill, with costs against complainant, and he now appeals to this Court to grant him the relief for which he prays.
The bill was filed August 14, 1888. The complainant at the time he made the deed to defendant, it is claimed, was about 60 years of age, had no children, and, but six days before, had lost his wife, and was left entirely alone in his home. The defendant, who had lived in the family of complainant from the time he was eight years of age until he was 31, and who was the nephew of the complainant, at the time of making the deed was married, and lived at North Adams, in the state of Massachusetts, and had always manifested much respect and affection for his uncle, who had in return, on several occasions, expressed his intentions to make him heir to his property.
The record shows that the defendant came from Massachusetts on learning of the death of his aunt (complainant’s wife), and was present at her funeral, and after-wards remained a few days with his uncle; and complainant states in his bill that it was during this period, and while he was borne down with grief, and the desolate condition of his home, and not knowing what to do, the defendant proposed to abandon his business in Massachusetts, and come with his family and live with and make a home for complainant, and care for him, and that in consideration of defendant’s promises and agreements so
Complainant asks for a cancellation of the deed, and a reconveyance of the property to him, or'that a decree to that effect may be made, to operate as a conveyance, and for general relief. Such is the substance of the bill and complainant’s prayer.
The answer made by defendant admits the residence, relationship of the parties, the deed, ownership of the lands, the death of complainant’s wife, and that he had no children; the execution of the deed, with its recital;
Defendant denies that he has violated his agreement; and avers that complainant has had the use of the farm; that he has visited complainant, and aided him in arranging his household, until his marriage; that he has put up a monument for complainant at a cost of $500; that the monument was talked of when the deed was proposed; denies that the deed was obtained by fraud, or that he has made any promise he has not fulfilled as an inducement of making the deed; avers that until the marriage of complainant, in August, 1887, there was no suggestion that his remaining at North Adams was not fully approved; denies that complainant has requested him to perform the
It is apparent from what appears in the testimony that the complainant’s object in making the deed was to .secure a place in the family of defendant, in his old home upon his farm; and to obtain it he was willing to give in exchange for it all his property. The deed itself bears strong evidence of this. After reciting that the consideration was 06,000, we find the following clause:
“ The said party of the first part reserves the use, occupancy, and possession of said premises for and during the term of his natural life, to secure to himself the comfortable support, in health and sickness, by said second party, which forms the consideration hereinbefore expressed.”
His continued home upon the farm, with such care and comfort as he could only expect from his kindred and relatives, and in this case which he had good reason to suppose he could receive from a kind and affectionate nephew, who had been reared in his family, and for 13 years was a member of his own household, who knew all of his wants and necessities in his old age, and how to administer to and supply them, were what he desired, and they were what constituted the consideration for the deed he gave of his property; that there can be no question but that both uncle and nephew understood the nature and character of the consideration which the latter was to give alike. I think no one can read the record in this case and come to any other conclusion than that this nephew comprehended fully the obligation and duty he placed .himself under towards this old uncle
There are but two questions in the case needing further-consideration:
1. Has the defendant performed his agreement with the-complainant, as herein construed, constituting the consideration for the conveyance of the complainant’s, farm?
3. If he has not, can he do so in the future, and make-proper and adequate recompense and reparation for his. past delinquency?
Without bringing into this discussion of these questions-the testimony upon which I base my judgment, and by which it is fully supported, though it conclusively appears in the record, I shall content myself with a brief statement of the conclusions I have reached in the case.
It is apparent from the testimony that sickness of defendant or of his family did not preclude him from performing his contract made with the complainant; and it is equally apparent that the aversion of the defendant's wife and children to remove to the farm had much more to do with defendant's failure to perform, and I do not think the acquiescence of complainant in the defendant's delay to comply with his agreement is made out in the proofs. Upon this point no more appears than he submitted with composure to that which he could not prevent; but at no time did he willingly consent to being left alone, or to the indefinite postponement of the duties and obligations which the defendant, by his contract, had assumed.
The .failure of the defendant to perform his agreement being established, upon the decision of the second question depends the nature and character of the relief to be granted, if any. It is impossible for the defendant now to carry out his contract made with complainant. It is not in the defendant's power to furnish to complainant in the future that which he could only enjoy in the past. Two years of that home life and its surroundings promised by the contract has been lost to the complainant, and which the defendant can never restore to him» Added to this also has been the mortification of complainant over the loss of the title to his farm, and the control of it, only as he could use it in making his living, which was one of the things he sought to avoid when he made his contract with the defendant. Indeed, if not.
Under these circumstances it is very manifest the grievance of which the bill makes complaint can be redressed only by a reconveyance of the property to complainant, and I think the decree at the circuit should be set aside, and a new decree should be entered in this Court in accordance with the prayer of the bill, with costs of both courts.
It is claimed in any event the defendant should be re-imbursed for the money he paid out for a monument for complainant for his deceased wife. Under the pleadings in the case we can make no order for such payment. We may say, however, that justice would seem to require that this should be done by complainant.
The other Justices concurred.