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McCLUSKEY v. WINISKY

Calendar No. 48, Docket No. 50,471.

373 Mich. 315 (1964)

129 N.W.2d 400

McCLUSKEY v. WINISKY.

Supreme Court of Michigan.

Decided July 8, 1964.

Attorney(s) appearing for the Case

John N. O'Brien, for defendants Winisky.

John P. Keusch (Wilber M. Brucker, Jr., of counsel), for defendants Wheeler.

ADAMS, J.

This is an appeal from a holding by the trial judge that the burden rests upon one who asserts an equitable mortgage to establish his claim by clear and satisfactory proof and his finding that the appellants "failed to assume this burden by anything approaching the dignity of evidence, or by proofs worthy of belief." Porritt v. Stone, 340 Mich. 645, 649; 17 Michigan Civil Jurisprudence, p 333.

Winiskys...

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