170 Mich. 395 | Mich. | 1912
In this case the bill of complaint was filed in aid of execution. On March 7,1906, as appears by the date of the bill of sale which was in evidence, the defendant Franklin M. Thayer bought from the complainant a secondhand automobile for the sum of $203, payable $103 on March 12, 1906, and $100 hy note. Before the $103 had been paid by the defendant Thayer, he claimed that he had discovered that he had been defrauded as to the character and value of'the automobile, and
The history of this property is, briefly, as follows: On September 16,1901, the defendants, as husband and wife, bought the premises from one Albert Stonehouse, on a land contract; the purchase price being $625. They held the same by virtue of this contract until March 21, 1906, when Stonehouse and wife conveyed it to them, as husband and wife, in pursuance of the terms of the contract. The land contract with the indorsement of 48 payments made thereon appears of record, and it is undisputed that the' last payment, before the final payment, indorsed thereon bears date February 18, 1906, being before the purchase of the automobile.
It seems to us that there are but two questions involved here:
(1) Did the defendant Franklin M. Thayer, at the time of the levy on June 10, 1907, have any such interest in the premises as should subject the same to the payment of his individual debt to complainant ?
(2) Did the defendant Alice M. Thayer make such representations concerning the title to said premises, at the time of the purchase of the automobile, and the giving of
We do not think that the facts here stated bring the case within the authorities relied upon and cited by counsel for complainant.
By their answer and cross-bill, the defendants prayed that the levy of execution on their premises, being a cloud upon their title, should be discharged and removed, and the decree below so ordered.
The decree of the circuit court is affirmed, with costs to defendants.