DocketNumber: Docket No. 29
Citation Numbers: 144 Mich. 377
Judges: Blair, Grant, Hooker, Montgomery, Ostrander
Filed Date: 6/5/1906
Status: Precedential
Modified Date: 9/8/2022
Complainant’s husband, Joseph F. Dumas, and his brother Frank, purchased under contract, on June 16, 1902, a house and lot in Cadillac, for $800, one-half being paid down. Joseph F. contributed $350 and Frank $50 of this amount. They all resided in the house until November, 1902, when complainant and her husband separated, at which time Joseph assigned his interest to the complainant, who continued, to live in the house. On October 12, 1904, the defendant levied an attachment against Frank Dumas upon his interest in the premises, and in November, 1904, this bill was filed by the complainant to remove the cloud of such levy upon the title, claiming that she was the owner of the interests of both brothers at the time of the levy; The cause was heard, proof being taken in open court, and the court rendered a decree that — ■
The complainant has appealed.
The evidence shows that the contract for the premises was made as alleged, and signed by all of the parties, and recorded, that complainant has lived upon the premises since, and that Frank boarded with her upon the premises after her husband left until September, 1904. Assignments of both of the brothers’ interests in writing were introduced, Frank’s bearing date July 6, 1904. She paid $115 for the same in money, and turned a claim of' $35 against him upon it, if the testimony of Frank Dumas and herself and her father is to be believed. No testimony is offered on the part of the defense. The attachment was levied, while complainant was in the exclusive possession, Frank having left town some months before.
Counsel for defendant urges in the brief, that all of the parties held out to the world, that Frank held his interest; in the property, at the time the levy was made, and that the’ learned circuit judge was satisfied that complainant had not purchased in good faith. We do not see how the circuit
The decree must be modified, and a decree entered here in favor of the complainant as prayed, with costs of both courts.