Johnson v. Bratton
Michigan Supreme Court
Cross appeals from Alpena; Cobb, J., presiding. Bill by Waldo M. Johnson and Richard O. Wheeler against David Bratton and others to foreclose a mortgage. From the decree rendered, all parties appeal.
1Opinion of the CourtMoore, J.
This is a proceeding to foreclose a mortgage dated November 2, 1876, given by David Bratton to complainant Wheeler. The mortgage was in the usual form. It was for $1,500. The proviso was that “if the party of the first part shall pay * * * to the party of the second part the sum of fifteen hundred dollars six months from the date hereof, according to a promissory note of even date executed by said Bratton to said Wheeler, * * * to which this indenture is collateral security,” the note and mortgage were to be void. At *321the time the mortgage was given, defendant Slee had a mortgage upon the…
2Cases cited23 opinions
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- Kulenkamp v. GroffMichigan Supreme Court · 1888
- McCray Refrigerator & Cold Storage Co. v. Woods & ZentMichigan Supreme Court · 1894
- Martin v. HamlinMichigan Supreme Court · 1869
- McKinster v. . BabcockNew York Court of Appeals · 1863
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3Cited by15 opinions
- Gosselin v. Better Homes, Inc.Supreme Judicial Court of Maine · 1969
- Hester v. GairdnerSupreme Court of Georgia · 1907
- First Nat. Bank of Ardmore v. GillamSupreme Court of Oklahoma · 1927
- Wenzel v. KierujMichigan Supreme Court · 1911
- Attorney General ex rel. Maybury v. BolgerMichigan Supreme Court · 1901
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