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Franklin v. Franklin

Citations: 93 N.W.2d 321; 354 Mich. 543; 1958 Mich. LEXIS 328Docket: Docket 63, Calendar 47,872

Court: Michigan Supreme Court; December 3, 1958; Michigan; State Supreme Court

Narrative Opinion Summary

In the matter before the Supreme Court of Michigan, the ownership of certain platted lots in Detroit was contested following the death of Alexander Franklin. The central issue revolved around whether Lucy Franklin held outright title to the property based on a deed dated July 30, 1951, which named her and Alexander as grantees. Jesse Franklin, Alexander's sole heir, challenged Lucy's ownership, claiming the absence of a marital relationship meant a tenancy in common was established rather than a tenancy by entirety. The court affirmed that the deed indeed created a tenancy by entirety, as it identified the couple as husband and wife. Furthermore, the court dismissed allegations of fraud against Lucy, citing the defendants' failure to present specific facts to substantiate their claims. The court emphasized that any knowledge Lucy had regarding her marital status did not automatically constitute fraud. Consequently, the court upheld the chancellor's decision, confirming Lucy Franklin's ownership of the property and ordering the defendants to bear the costs, with unanimous concurrence from all justices involved.

Legal Issues Addressed

Fraud Allegations in Property Disputes

Application: The court found the allegations of fraud against Lucy Franklin insufficient as the defendants failed to provide specific factual evidence to support their claims.

Reasoning: The court highlighted that the defendants failed to plead specific facts supporting their fraud claims, and noted that any knowledge Lucy had regarding her marital status did not inherently constitute fraud against Alexander.

Tenancy by Entirety in Property Deeds

Application: The court determined that the deed created a tenancy by entirety due to the grantees being explicitly identified as husband and wife, thus granting Lucy Franklin full ownership upon her husband's death.

Reasoning: The court ruled that the deed constituted a tenancy by entirety, as it explicitly identified the grantees as husband and wife.