98 Mich. 163 | Mich. | 1893
The complainant’s husband, being in
“Alpena, October 4, 1887.
“Mrs. W. J. Miller,
“Dear Madam: I have succeeded in getting the paper yon wanted signed by Mr. Maltz, but not in time to take same to the train this morning, as was understood by myself and A. N. S.. therefore I will retain same until he, A. N. S., returns, and then have it signed and delivered to you in accordance with our understanding.
“Yours respectfully, B. J. Kelley."
“As individuals or as members of the Minor Lumber Co., we will not pursue or press the prosecution instituted against W. J. Miller at Alpena, and will put nothing in his way1 to prevent him from earning an honest living.
[Signed] . “ George L. Maltz.
“A. N. Spratt.
“Dated October 3, 1887."
It appears in evidence that this was not the first time that Miller had been guilty of a crime of this character, ■and that his wife on several occasions had come to his-relief. A year or two after the deed was given she commenced these proceedings.
We have no hesitation in saying that the transaction, at Battle Creek was such as to render the deed there taken voidable on the ground of duress. The complainant was -sick and excited. All her previous experiences may be supposed to have prepared her mind for such charges, and it is manifest that she would cling to her husband, and
The second deed was given under different circumstances. Miller evidently understood that he was unsafe in the State, and sojourned for a time in Canada, where the complainant was with him for a couple of weeks or more. We must believe that she was aware that he had no promise of immunity when she returned to Alpena, and she went there to carry out her promise by disposing of her furniture and yielding possession of the premises under the Battle Creek deed. She importuned the defendants to buy it, and, by language which seems to have partaken of the nature of a threat, informed them that she was advised that the deed could be set aside. Apparently this was. intended to make them more willing to purchase the furniture, and it seems to have had that effect; for Spratt at once told her that, in view of that, he should require a new deed if he bought the furniture; and therg can be no doubt that he would have refused to buy it had he not supposed that the company was to hold the real estate. The subject was mentioned between herself and Kelley, being introduced by her, when she was informed that she might be able to set aside the deed, but that, if she made the sale of the furniture, and gave a new deed, as required by the company, it would preclude a recovery of the premises. She made haste to close the transaction, and
The decree .will be affirmed.