¶1(dissenting). I think complainant is entitled to relief. But inasmuch as the case involves nothing but facts, I do not think it necessary to discuss them at length.... Complainant has, I think, shown that she did not know the contents of the deed she executed. No doubt a strong case should be made out to avoid a paper which a person has had the means of understanding. But I think in the present case, where the whole matter was a family arrangement, complainant could not be held to the same diligence as in other cases, and was justified in resting on what she was given to understand by those with whom she dealt. It seems to me the arrangement was not one which she would have made if she had known what she had a right to know, and that the deed was a fraud against her.
40 Mich. 453
Harris v. Smith
Decided April 9, 1879
Michigan Supreme Court · decided 1879-04-09
<p> Deed will not be set aside without a strong showing. </p> <p>A bill to set aside a deed which conveyed certain lands and a mortgage, on the ground that complainant had not examined it and did not know that it was a deed when she signed it, but was led to believe that it was a formal instrument for dividing certain personal property, was dismissed on her own showing that she had seen that it contained a description of land and reference to a mortgage.</p>
Decided 1879-04-09