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120 Mich. 430

Lee v. Fiero

Michigan Supreme Court

Decided June 19, 1899

Michigan Supreme Court · decided 1899-06-19

Bill by James E. D. Lee, Almira Lee, and Sylvia True against Byron Fiero, executor of the last will and testament of David Lilly, deceased, and Charles Lee, to set aside a mortgage. From a decree for defendant Fiero, complainants appeal. Complainant Almira is the widow, and her co-complainants and defendant Charles the children, of William Lee, deceased, who died intestate December 3, 1893, aged 71 years.

Affirmed · Decided 1899-06-19

Grant, C. J.

¶1{after stating the facts). We think the decree and finding of the court are fully justified by the evidence. Mr. Michael acted in good faith, and William Lee and his wife and children were benefited to the extent of $128 paid by him to perfect the title. The mortgage from Charles was taken to protect William for money loaned Charles. While there is evidence to show the incompetency of William, there is also evidence to show that he understood the transaction, which resulted in securing title to his homestead. The decree was just and equitable, and is affirmed, with costs.

The other Justices concurred.
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