Legal Opinion

Draper v. Ashley

Michigan Supreme Court

Decided April 2, 1895PublishedCited by 9 opinions

Appeal from Jackson.' (Peck, J.) Bill to foreclose a mortgage, and to declare complainant's mortgage a first lien on the property, etc. Complainant appeals. The facts are stated in the opinion.

1Opinion of the CourtMontgomery, J.

Byron S. Ashley, being the owner of certain premises in the city of Jackson, on the 15th of June, 1886, executed a mortgage for the sum of $2,150 to-Frances J. Wall and William Duifany, which was recorded on the same day. On the 14th of September, 1888, he-executed a second mortgage covering the same premises, to Gideon O. Draper, for the sum of $970, which was recorded on the 27th of September, 1888; On the 19th of February, 1889, Duifany and Wall filed a bill in chancery to foreclose their mortgage, but did not make Draper a-party defendant. The sale was made on the 8th of March, 1892, and…

2Cases cited3 opinions

  1. Kitchell v. MudgettMichigan Supreme Court · 1877
  2. Mather v. JenswoldSupreme Court of Iowa · 1887
  3. Avery v. RyersonMichigan Supreme Court · 1876

3Cited by9 opinions

  1. Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
  2. Home Savings Bank v. BierstadtIllinois Supreme Court · 1897
  3. Kent v. BaileySupreme Court of Iowa · 1917
  4. Cumberland Building & Loan Ass'n v. SparksCourt of Appeals for the Eighth Circuit · 1901
  5. Ellis v. Citizens' National BankNew Mexico Supreme Court · 1918

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