Reviewed The Case

Judge Kinne Changes the Decree in Feathers Case.

It is a Case Which Involves Some Interesting and Mixed Questions, also Much Litigation.

A pleasant surprise party was given the law firm of Randall & Jones Monday. On Saturday Judge Kinne dismissed the bill in the case of Nancy A. Brainard, complainannt vs. Joseph Feather and Matthew Seeger, administrator of the estate of Caroline Feather, deceased. Yesterday afternoon Judge Kinne filed the following opinion.

"Upon a re-examination of this case, I am of the opinion that in equity Joseph Feather should be stopped and debarred from resorting to the undivided one-half interest in the real estate named in the bill of complaint which he received as heir at law of Caroline Feather, deceased, and upon which he executed a mortgage to the complainant and that as to said undivided one-half interest, the defendant should be perpetually restrained from subjecting said undivided one-half interest to the payment of the claim of said Joseph Feather allowed against the estate of Caroline Feather or any part thereof, a decree may be prepared accordingly with costs to the complainant.”

There is an interesting story in this case related in the bill, which is substantially as follows: Nancy A. Brainard, of Lodi, was on July 1, 1887, the owner of a certain promissory note for $500 given to Joseph Feather and Caroline Feather to Harrison W. Bassett as administrator of the estate of Eri Brainard deceased. This note was assigned as a portion to be paid her as the widow of Eri Brainard, deceased. On July 10, 1887, Mrs. Brainard loaned said Joseph Feather and Caroline Feather $100 taking their promissory note at one year. Then on February 23, 1889, Mrs. Barinard loaned Joseph and Caroline Feather the further sum of $1,200 taking a promissory note payable in one year. At the time of making these notes Joseph and Caroline Feather were husband and wife. Caroline Feather under her former name of Caroline Bush, was seized of 72 acres of land in Saline. Joseph and Caroline Feather resided upon the lands and farmed them in connection with another 80 acres of land at that time owned jointly by Joseph and Caroline Feather as husband and wife.

At the time Mrs. Brainard received the note of $500 from Harrison W. Bassett as administrator of the estate of Eri Brainard, deceased, as well as at the time of making the loans for which the other two notes of $100 and $1,200 were given, Mrs. Brainard fully believed that the notes represented and were given for the indebtedness of Joseph Feather, the husband, and that Caroline Feather, the wife, signed the said several notes as surety.

That on May 28, 1890, Caroline Feather died, leaving no children. father or mother, leaving her husband, Joseph Feather, John Smith, a brother, Jeannette Cook, Melissa Converse and Mrs. Brainard, sisters surviving, they being the heirs of law. Under the laws of the state of Michigan they were entitled as joint tenants to the real estate left by Caroline Feather subject to the payment of debts, that is Joseph Feather, the husband, was entitled to an undivided one-half interest and the brother and sisters an undivided one eighth interest. At this time there was due Mrs. Brainard the sum of l,800, which as has been said she believed and regarded as the indebtedness of Joseph Feather and that his wife who died was surety thereon.

Joseph Feather, the husband, desired to secure the land and become the sole owner. After negotiations a contract was made with Mrs. Brainard to sell her an undivided one-eighth share for $675. As she at the time wanted security for the promissory notes at the suggestion of Joseph Feather he gave three promissory notes for $1,800 secured on his undivided one-half interest in the 72 acres of land. The papers were drawn in the office of Thomas Ninde, of Ypsilanti. Mrs. Brainard further alleged that at this time Joseph Feather admitted that the $1,800 represented by the three promissory notes hitherto given were his individual indebtedness, his deceased wife only having signed them as surety. He also represented that there was no other indebtedness against the estate of Caroline Feather, deceased. At this time Joseph Feather made separate contracts with all the heirs for their shares.

Mrs. Brainard not receiving any payments on her notes and mortgage she foreclosed the same getting a decree Aug. 12, 1896. She entered into possession of the property under the mortgage foreclosure, and controlled Joseph Feather's undivied one-half interest and her one-eighth as sister. Afterwards she purchased the other three-eighths interest from her brother and sisters.

After this time one Edwin R. Doane petitioned to have the estate probated on the ground of being a creditor. Matthew Seeger was appointed administrator Judge of Probate Babbitt heard the claims. Joseph Feather put in a claim in substance as follows : "Joseph Feather paid June 25, 1890, for the estate of Caroline Feather to Nancy A. Brainard $1,800." This was disallowed by Judge Babbitt and thereupon appealed to the circuit court where Joseph Feather was allowed $1,300. This decision was appealed to the supreme court and there affirmed.

Mrs. Brainard stated in her bill that there being no other property except the real estate, it would have to be sold, and she would be thus deprived of all security and other benefits and advantages that she would or should have by virtue of her mortgage security for the payment of the said notes. That in equity and good conscience she should be subrogated to the rights of the said Joseph Feather to the claim as allowed in his favor against the estate of Caroline Feather and she should be further allowed the sum of $500 against the estate.

What made this a very difficult case to try, is that there are no cases in point. Randall & Jones the solicitors for Mrs. Brainard felt they had the equities on their side, but how to find law to sustain their position was difficult.