Public-domain · open source
OpenJurist

126 Mich. 691

Parker v. Thomas

Michigan Supreme Court

Decided May 21, 1901

Michigan Supreme Court · decided 1901-05-21

Bill by Mary E. Parker and others against Melissa D. Thomas to set aside an assignment of a mortgage. From a decree dismissing the bill, complainants appeal. Silas G. McIntyre, deceased, was the owner of a mortgage of $2,500 upon 80 acres of land. Complainants and the defendant are his children. On June 25, 1895, Mr. McIntyre assigned this mortgage to the defendant. There was then due upon it the sum of $2,420.

Affirmed · Decided 1901-05-21

Grant, J.

¶1(after stating the facts). If Mr. and Mrs.. McIntyre had lived to the age of expectancy as shown by the life tables, the defendant would have paid all that the mortgage was worth. There is, therefore, no ground for saying that there was not an ample consideration for the transfer of the mortgage. The claim of complainants is that Mr. McIntyre was incompetent, at the time, to transact business, to understand and comprehend his acts, and. to make the assignment of the mortgage. The question, therefore, becomes one purely of fact. We are satisfied that the court below reached the correct conclusion.

¶2The decree is affirmed, with costs.

Hooker, Moore, and Long, JJ., concurred. Montgomery, O. J., did not sit.
/126/mich/691 · .json · Public domain