FISCHER V. UNION TRUST CO. 138 Mich. 612, 101 N.W. 852 (1904) CASE BRIEF

FISCHER V. UNION TRUST CO.
138 Mich. 612, 101 N.W. 852 (1904)
NATURE OF THE CASE: This was a suit over a breach of covenant in a deed. This was an appeal from the appellate court, which found for Fisher (P) in P's action to enforce against her father's estate a promise the father made to pay off mortgages on land the father conveyed by gift to P.
FACTS: Fisher Sr. conveyed by warranty deed certain property to his daughter who was incompetent. The deed stated that she was to get the land and that Sr. would pay off the mortgages on the property. The deed was given over to his daughter for one dollar and was held by her brother for safe-keeping. After Sr.'s death the property was foreclosed upon and used to settle a $3,000 mortgage. Fischer (P) sued and the verdict went to P. D appealed

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LEGAL ANALYSIS:





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