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1 Harr. Ch. 60

Goff v. Thompson

Michigan Court of Chancery

Decided July 1, 1839

Michigan Court of Chancery · decided 1839-07-01

The bill in this case, was filed, January 12, 1836, by Aaron Goff and Elsey, his wife, Elial Todd and Polly, his wife, and Mica Mudge, and Martha, his wife, against John Thompson, and Diana, his wife, and Carson McCurdy, and stated that Richard McCurdy, (who .was father of said Elsey, Polly, Martha, Diana and Carson,) was, in his Hfe time, seized and possessed! in fee, of the south-west quarter of section twenty, in township two south, of range ten east, in the county of…

Decided 1839-07-01

The Chancellor.

¶1The consideration for the deed from Richard McCurdy to Diana Thompson was a good and sufficient consideration; and the condition having been performed, there can be no doubt that the title of the defendants, John Thompson and wife, to the land in question, is good.

¶2The conduct of the defendants, John and Diana Thompson, seems to have been not only just, but meritorious.

¶3The deed from Diana Thompson to Richard McCurdy, is stated in the answer to have been executed as security merely, 'and having been destroyed or cancelled by the grantee, in pursuance of the agreement of the parties, cannot form the foundation of any claim of the present complainants. That deed was also void in itself, it having been executed by a feme covert without her husband’s joining with her. (See Sexton vs. Pickering, 3 Rand. R., 468.)

¶4No relief is prayed against Carson McCurdy, the other defendant.

¶5The bill must be dismissed with costs.

¶6Bill dismissed.

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