Hyde v. Shank

Plaintiffs had verdict and judgment. The facts will be found sufficiently stated in 77 Mich. 517, when this case was first before the Court. There are eight assignments of error, but we shall consider only those which appear to be argued in the defendant’s brief.

1. The defense is that the mortgage was fraudulent as io creditors, and that, if not fraudulent, it was paid at the time the suit was commenced. Plaintiffs, the mortgagees, and Edgett, the mortgagor, had both testified to facts which clearly showed that the mortgage was given for a bona fide indebtedness, and without any intent to…