Legal Opinion

Sibley v. Baker

Michigan Supreme Court

Decided July 12, 1871PublishedCited by 4 opinions

Appeal in Chancery from Eaton Circuit. This was a foreclosure bill filed by Hiram Sibley against Jennie Baker, Alonzo Baker, Nelson G-. Isbell and O. E Winchester, trustee for the Winchester Repeating Arms Company. The facts are sufficiently set forth in the opinion.

1Opinion of the CourtCooley, J.

This is a foreclosure case, and the questions which arise-relate to the marshaling of securities. It seems that the mortgagor first gave a mortgage to complainant on three parcels of land, which for our present purpose we may designate as parcels one, two and three. Afterwards he gave a second mortgage to complainant on parcels one and two, and still later a third mortgage to defendant Winchester on parcels two and three. The complainant foreclosed the second mortgage in chancery, making Winchester a party to the suit, and the decree which he obtained directed that parcel two, for…

2Cited by4 opinions

  1. Detroit Savings Bank v. TruesdailMichigan Supreme Court · 1878
  2. Farwell v. BigelowMichigan Supreme Court · 1897
  3. In Re PriceUnited States Bankruptcy Court, E.D. Michigan · 1985
  4. McVeigh v. SherwoodMichigan Supreme Court · 1882

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