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50 Mich. 352

Toms v. Boyes

Michigan Supreme Court

Decided April 18, 1883

Michigan Supreme Court · decided 1883-04-18

(Mills, J.) Bill to establish lien. The bill alleges that one Augustus D. Griswold and wife gave a warranty deed of the premises in suit to the defendant James G. Boyes, who then entered into and still holds peaceable possession, and who, to secure a portion of the purchase price, gave Griswold three notes, secured by a mortgage which Griswold assigned to George Jerome, who, in turn, assigned it to complainant.

Reversed · Decided 1883-04-18

Graves, C. J.

¶1This bill was demurred to for want of equity and dismissed. No discussion is desirable at this stage of the case. We have only a partial view now, and we cannot be certain as to what points the case may depend on when the merits are fully developed. Any special observations at this time might possibly mislead, or at least cause embarrassment. We are satisfied that the bill sets up equities in complainant, and that the jurisdiction cannot be denied.

¶2The decree must be reversed, with costs, and the cause remanded with directions to overrule the demurrer and allow the defendants to answer in thirty days.

The other Justices concurred.
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