Gogarn v. Connors

Michigan Supreme Court

Gogarn v. Connors

153 N.W. 1068, 188 Mich. 161, 1915 Mich. LEXIS 1028

CourtMichigan Supreme Court

DecidedSeptember 28, 1915

DocketDocket No. 91

StatusPublished

Cited by4 cases

This text of 153 N.W. 1068 (Gogarn v. Connors) 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

Gogarn v. Connors, 153 N.W. 1068, 188 Mich. 161, 1915 Mich. LEXIS 1028 (Mich. 1915).

Pincite

Opinion

Ostrander, J.

(after stating the facts). The decree must be affirmed. The transaction — the deed and agreement — did not constitute a mortgage. Complainant had the right of election to pay or not to pay the debt, to refund or to keep the money. The remedies of the parties, were not mutual or reciprocal. The transaction must be treated as an absolute conveyance of the land with an option to- repurchase. Swetland v. Swetland, 3 Mich. 482; Emerson v. Atwater, 7 Mich. 12; Cornell v. Hall, 22 Mich. 377; Stahl v. Dehn, 72 Mich. 645 (40 N. W. 922) ; Reed v. Bond, 96 Mich. 134 (55 N. W. 619) ; Blumberg v. Beekman, 121 Mich. 647 (80 N. W. 710) ; Sowles v. Wilcox, 127 Mich. 166 (86 N. W. 689). The unmistakable intent of the parties is recited in the agreement for a reconveyance.

Defendant will recover costs.

Brooke, C. J., and Kuhn, Stone, Bird, Moore, and Steere, JJ., concurred. The late Justice McAlvay took no part in this decision.

Free access — add to your briefcase to read the full text and ask questions with AI

Ostrander, J.

(after stating the facts). The decree must be affirmed. The transaction — the deed and agreement — did not constitute a mortgage. Complainant had the right of election to pay or not to pay the debt, to refund or to keep the money. The remedies of the parties, were not mutual or reciprocal. The transaction must be treated as an absolute conveyance of the land with an option to- repurchase. Swetland v. Swetland, 3 Mich. 482; Emerson v. Atwater, 7 Mich. 12; Cornell v. Hall, 22 Mich. 377; Stahl v. Dehn, 72 Mich. 645 (40 N. W. 922) ; Reed v. Bond, 96 Mich. 134 (55 N. W. 619) ; Blumberg v. Beekman, 121 Mich. 647 (80 N. W. 710) ; Sowles v. Wilcox, 127 Mich. 166 (86 N. W. 689). The unmistakable intent of the parties is recited in the agreement for a reconveyance.

Defendant will recover costs.

Brooke, C. J., and Kuhn, Stone, Bird, Moore, and Steere, JJ., concurred. The late Justice McAlvay took no part in this decision.

Cite This Page — Counsel Stack

Bluebook (online)

153 N.W. 1068, 188 Mich. 161, 1915 Mich. LEXIS 1028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gogarn-v-connors-mich-1915.

Opinion

Related

Cite This Page — Counsel Stack