Michigan Supreme Court, 1898

Pulezer v. Kucharzyk

Michigan Supreme Court · Decided March 1, 1898 · Grant, Other

116 Mich. 92; 74 N.W. 304; 1898 Mich. LEXIS 647

Cases that cite this one

4 later published cases cite this decision.

Title Guaranty & Surety Co. v. Ætna Indemnity Co. (Mich. 1911)
Fleming v. Conklin (Mich. 1927)
Stern Co. v. Friedman (Mich. 1922)
Mack v. Village of Frankfort (Mich. 1900)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Grant, C. J.

(after stating the facts). John Pulezer, Sr., died November 28, 1880. Complainant, defendant John, their mother, and the imbecile son lived together upon the place after the father’s death until complainant became of age. It appears from the allegations of the bill, answer, and proofs that complainant, shortly after he became of age, and several years before this bill was filed, obtained from all the heirs except the imbecile brother quitclaim deeds of one-half the land, and that he also *94quitclaimed the other half to John. He therefore obtained all the relief to which he was entitled except the interest of his imbecile brother, who is living, and the damages he claims. He has a complete remedy at law for damages if he is entitled to any, and the brother is a necessary party when he seeks to establish the deed and contract. The bill was therefore properly dismissed.

Decree affirmed, with costs..

The other Justices concurred.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.