95 Mich. 426 | Mich. | 1893
The land in which defendant now claims the right of dower was sold under the decree of this Court in Killefer v. McLain, 78 Mich. 249, and was bid in by the complainant Free. The sale was confirmed, and the commissioner’s deed executed to Free, who subsequently deeded a half interest therein to his co-complainant. Complainants went into possession, and, subsequently learning that defendant claimed an interest in the land, filed their bill to remove the cloud from their title.
The facts necessary to a determination of the question are these: Defendant’s former husband, Mr. Nash, was the owner in fee of the land here in controversy, upon which
“ For that purpose we do agree and hereby actually put into the said business the grist and flouring mills now owned by the said Briggs, * * * known as the ‘ Central Mills ’ and the realty, machinery, and attachments thereto, and the property known as ‘ Nash/s Stave and Heading Factory and Saw-mill/ * * * and the machinery in the same and connected therewith, and also two hundred and forty acres of land owned by said Nash; * * * each of said parties to quitclaim to the other one equal undivided half of the lands and property above described belonging to each, so that the title to said property shall be vested in said parties jointly.”
Pursuant to this agreement, deeds were executed and exchanged upon the same day, in the execution of which their wives respectively joined. Defendant understood the entire transaction, and the purpose for which these deeds were executed.
The partnership was dissolved by the death of Nash. Briggs still continued to carry on the business until his death. Subsequently his executors filed a bill in chancery for an accounting, for a sale 'of the partnership assets, and for a division of the surplus, if any remained. Killefer v. McLain, 10 Mich. 508. The Court there held that the whole of the real estate was put into the firm, and constituted firm assets. Defendant was made a party defendant to that suit. She made no defense, and as to her the bill was taken as confessed. She was appointed guar
Decree affirmed, with costs.