215 Mich. 259 | Mich. | 1921
At its inception the purpose of this chan
“1. * * * Now,' in so far as the expenditures made upon the cow barn on the farm are concerned,, the court finds that such expenditures have enhanced the value of the’ farm by reason thereof, and that such increased valuation the court determines to be $600.
“That the value of the new buildings or house erected on .the farm by the defendants is only valuable to the extent of the lumber that might be salvaged that entered in its construction, which I find to be the sum of $250. That the fences constructed' upon the farm during the possession of defendants increased the*262 value of the farm to the extent of the cost thereof, which under the proofs I find to be $261.90. And under the proofs it appears that there are eight acres of wheat more on the ground at the present time than when the farm came into possession of defendants, and that the value of said eight acres of wheat is $88. Therefore, the court finds that the defendants are entitled to a credit as improvements or increase in value of the farm during the time they have had possession of the same, and that exclusive of the increase or decrease in valuation caused by fluctuation in market values, of the sum of $1,199.90.
“2. Upon the second proposition the court finds that the fair rental value of the farm during the time it has been in possession of the defendants, as appears from the testimony of witnesses who impress the court from their appearance and manner of giving their testimony, and knowledge of the farm and its surroundings, to be $10 per acre annually, or a total for an annual rental of the farm for two years of $4,960.
“3. The court finds under the third proposition that the rental value of the flat for two years is $4,980; that the amount of the rent collected for the month of April, 1920, is, to wit, $400. Deducting therefrom the cost of janitor service and the overhead expenses in caring for the flat as shown by the testimony for a period of 15 days, would leave a balance of $300, for which the defendants should have an additional credit, or a total of $5,280.
“4. The' court finds from the testimony which in his judgment is entitled to consideration, that the value of the apartment house with the addition of the porch constructed by the plaintiffs, is of the same value as when received by plaintiffs at the time of the exchange, that is to say, the cost of the porch constructed by plaintiffs will be offset by any depreciation in the value of the premises through the act or neglect of plaintiffs.
“5. The value of the personal property as fixed by the original decree was $12,000, and the Supreme Court having affirmed that finding of fact, it must be accepted and is accepted in this computation as fixing the value at the time the property was turned over to the defendants. The determination of the difference in value of the property now in posses*263 sion of the defendants on the farm, to be turned over to plaintiffs under this decree, and the personal property as originally received by them is fraught with many difficulties. I have assumed that unless it otherwise appears to the contrary, that the property now in possession of defendants is the same property as received by them originally. Five cows were sold at one time by defendants for $1,405, which the court finds to be a fair valuation' of the cattle when sold, and a charge therefor is made against the defendants for that amount. A pony was turned over to the defendants and was sold for $60, which the court finds to be the fair and reasonable value of the same — $60. Horses, tools and cows placed upon other farms and sold by the defendants with the farms the court finds to be of the value of $800. It also appears that a colt was lost during the time that the defendants had possession of the personal property, and the court finds the value of the colt to be $100. One hundred bushels of potatoes at $3.25 a bushel — $325—is a proper charge against defendants, as no potatoes, according to the testimony, are left on the farm. Two hundred bushels of oats are short of the amount left on the farm when defendants took possession, at $1 a bushel, $200. Ten tons of hay short of the hay that was left on the farm, $25 a ton, $250. One hundred bushels of barley at $2 a bushel — $200—there being no barley left on the place at this time. Two hundred forty-seven cords of wood at $4 a cord — $988. Nine geese, $3 apiece — $27. Twenty hens at $1 each — $20. Making a total in the decreased value of the personal property now in the hands of the defendants to be turned over to the plaintiffs of $4,385. Now, from the amount of last mentioned there must be a deduction made of value of 22 head of cattle which was left on the farm by the defendants over and above the depleted original herd, the value of which the court finds to be $550. Also a team of horses — $300. Making a total of $850 to be deducted; leaving the difference in the value of the personal property delivered to the defendants and the personal property to be turned over to the plaintiffs, and for which the plaintiffs are entitled to a credit*264 and a charge in their favor against the defendants of $3,535.
“Now, under the decree of the Supreme Court it is necessary to determine-the fair rental value of the personal property during the time it has been in the possession of the defendants on the farm, and so far as the experience of witnesses who testified in the case and from the court’s knowledge and observation, this is the most difficult matter to be determined, as the rental of the personal property under circumstances such as exist in this case is almost unheard of. The court finds under all the proofs, however, that the rental value of the cattle for the first year was $400, the second year $1,000 — $1,400. The rent of the farm tools for two years — $300. To rent of horses, 3 teams, $300. A total of $2,000. Now, giving the plaintiffs credit for the several amounts that they are entitled to charge against the defendants, including costs of suit due defendants under the decree amounting to $155, I find the amount to be $10,340.
“6. The court finds and determines that there is a balance on this accounting in favor of the plaintiff to the amount of $3,860.10, for which the said plaintiffs shall have a lien upon the flat property, so-called, in the city of Flint, Michigan, the property of the defendants.
“7. The matter of the costs in the circuit court and the Supreme Court as fixed by the decree have already entered into this computation.
“8. The court fixes the date for the execution of the conveyances provided for in the decree as the 15th day of April, 1920.”
The decree of the trial court is affirmed, with costs of this court to the plaintiffs. No costs will be allowed to either party on the accounting in the trial court.