Coryell v. Hotchkiss

Michigan Supreme Court

Coryell v. Hotchkiss

91 N.W. 162, 131 Mich. 308, 1902 Mich. LEXIS 632

CourtMichigan Supreme Court

DecidedJune 27, 1902

DocketDocket No. 5

StatusPublished

Cited by1 cases

This text of 91 N.W. 162 (Coryell v. Hotchkiss) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Coryell v. Hotchkiss, 91 N.W. 162, 131 Mich. 308, 1902 Mich. LEXIS 632 (Mich. 1902).

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Opinion

Hooker, C. J.

The defendants have appealed from a decree requiring them to specifically perform a contract for the sale of land. The question is one of fact, and requires no discussion. We are satisfied that the contract was procured by complainant’s brother through deceit, and that she is not equitably entitled to specific performance. We agree, however, that the complainant acquired a valid title to the mortgage upon said premises, as against the defendants, by virtue of the assignment of the same.

The decree is reversed, and the bill is dismissed, with costs.

Moore, Grant, and Montgomery, JJ., concurred. Long, J., did not sit.

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Hooker, C. J.

The defendants have appealed from a decree requiring them to specifically perform a contract for the sale of land. The question is one of fact, and requires no discussion. We are satisfied that the contract was procured by complainant’s brother through deceit, and that she is not equitably entitled to specific performance. We agree, however, that the complainant acquired a valid title to the mortgage upon said premises, as against the defendants, by virtue of the assignment of the same.

The decree is reversed, and the bill is dismissed, with costs.

Moore, Grant, and Montgomery, JJ., concurred. Long, J., did not sit.

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Bluebook (online)

91 N.W. 162, 131 Mich. 308, 1902 Mich. LEXIS 632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coryell-v-hotchkiss-mich-1902.

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