109 Mich. 399 | Mich. | 1896
This is a proceeding for partition. Complainant and Seth T. Hunt are father and son. On the face of the record they appear as tenants in common of the property in question, a farm of about 250 ácres in St. Joseph county. The property is subject to a mortgage, the principal of which is $4,000. The complainant’s title is derived through his son, W. Bansom Hunt. Defendants seek to raise four points on the appeal:
(1) That complainant deeded the land to defendant Seth T. Hunt prior to the institution of this proceeding.
(2) That in the decree of the court below the court charged against each one-half of the mortgage, whereas it is contended that, by the terms of the original purchase, ~W. Bansom Hunt, to whose right complainant succeeded with notice, was bound to pay $3,000 of the $4,000, he having contributed to the purchase $1,000 less than the defendant Seth T. Hunt.
(3) That the court allowed an excessive [sum for rents and profits.
(4) That sufficient allowance was not made for improvements and taxes.