Barber v. Milner

Decision Date08 April 1880
Citation5 N.W. 92,43 Mich. 248
CourtMichigan Supreme Court
PartiesBARBER v. MILNER and others.

Complainant being embarrassed, executed a warranty deed to the cashier of a bank, to which he was indebted. His wife refused to join therein, except upon the agreement by complainant and cashier that the property should, after the payment of the indebtedness, be conveyed to her or such person as she should direct, which agreement was afterwards carried out and such conveyance made. Held, that the conveyance to the cashier was binding upon the grantor, and whether the trust declared by the cashier in favor of the wife was valid or not, was immaterial, after its execution by conveyance made in pursuance thereof.

Appeal from Genesee.

E.M Thayer and Newton & Howard, for complainant.

Geo. H Durand, for defendant.

MARSTON C.J.

We have no doubt whatever but that defendant's version of the facts in this case is correct.

The complainant being indebted to the Citizens' National Bank of Flint, in order to secure payment thereof executed and delivered to William L. Gibson, the cashier, a warranty deed of the premises in question. The complainant had accumulated considerable property, but, because of a habit he had acquired of using intoxicating liquors to excess, he had lost portions thereof and become somewhat involved financially. In consequence thereof his wife, Phebe Barber, refused to join in the conveyance to Gibson, until complainant agreed that on payment of the indebtedness to the bank, Gibson should convey the property to her or to any person to whom she should direct. Under this agreement and in pursuance thereof she joined in the conveyance, and afterwards directed Mr. Gibson to convey to Milner, who was her son-in-law. Milner paid the bank $1,500, which was in excess of the amount due the bank, which surplus was placed to the credit of complainant and afterwards drawn out by him, and thereupon the property was conveyed to Milner. He afterwards conveyed to defendant, Phebe Barber, receiving from her a mortgage to secure him for the amount he had paid the bank, and for sums advanced by him for insurance and taxes upon the property.

Such are the facts as we find them. In complainant's behalf it is claimed--First, that the conveyance to Gibson was intended to be but a mere security, and that parol evidence is admissible to show that a deed absolute on its face was intended as a mortgage. The...

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1 cases
  • Barber v. Milner
    • United States
    • Michigan Supreme Court
    • April 8, 1880
    ...43 Mich. 2485 N.W. 92BARBERv.MILNER and others.Supreme Court of Michigan.Filed April 8, Complainant being embarrassed, executed a warranty deed to the cashier of a bank, to which he was indebted. His wife refused to join therein, except upon the agreement by complainant and cashier that the......

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