110 Mich. 219 | Mich. | 1896
This bill is filed to set aside and cancel certain deeds and mortgages made by complainant to defendants, and to compel the reconveyance of lands of the value of about $15,000, and to obtain an accounting for the rents and profits thereof. Two or three different transactions are set up in the bill. As to a portion of the property, the complainant claims as heir of William F. Tiffany, his father, and alleges that in 1880 William F. Tiffany purchased four lots in the village of Dundee; that at the time of the purchase he was in litigation with his wife, and that he, William F. Tiffany, was apprehensive that, should he take deeds of said property in his own name, it would .give to his wife an additional advantage in the divorce proceedings then pending, and in order to save said advantage to himself, and for the protection of complainant, said deceased procured such deeds to be made to his brother, the defendant George L. Tiffany; that it was agreed between them that the title to the property should be held in trust, and that, after the trouble was over between William F. Tiffany and his wife, the defendant George L. Tiffany would convey said property to him, or to such other person as he might designate. On the 4th of March, 1882, the defendants did convey to this complainant two of the lots, subject to a mortgage. The title to the remaining two lots is still in George L. Tiffany, under the conveyance from William F. Tiffany. The bill also sets out that complainant inherited from his father 171 acres of land, and that this, together with the lots conveyed to him by defendants, were by the complainant subsequently conveyed to the defendants on the advice and at the suggestion of defendant George L. Tiffany, without consideration, and that said advice and suggestion was made with intent to cheat, wrong, and defraud complainant of the property described, and upon representations to the effect that complainant was not experienced in business matters, and, in effect, that it would be better for complainant that the title should be
The decree will be modified by denying the relief as to lots 3 and 4.of the Wilkerson plat of the village of Dundee, and, as so modified, will stand affirmed. Inasmuch as no costs were awarded to either party in the court below, we think the complainant ought not to be charged with costs in this court.