Trombly v. Klersy
Michigan Supreme Court
Appeal from Wayne; Frazer, J. Bill by Robert Trombly, guardian of Joseph Buhler, an incompetent, against Andrew Klersy and another for the foreclosure of certain mortgages. Defendants filed an answer in the nature of a cross-bill claiming an agreement for the cancellation of said mortgages at the death of the mortgagee, and prayed ¥or specific performance. From a decree for defendants, complainant appeals.
1Opinion of the CourtHooker, J.
Complainant, in the capacity of guardian of one Joseph Buhler, an incompetent person, filed the bill in this cause to foreclose three mortgages given by Andrew Klersy to said Joseph Buhler. The defendants, husband and wife,.contest the cause upon the ground that Buhler is under contract obligations to cancel said mortgages upon his death, and that only the interest is his due *210upon the mortgages, and a cross-bill was filed praying for a specific performance of the contract. Andrew Klersy married Buhler’s niece, at Buhler’s house. According to Klersy’s testimony, the three mortgages were given…
2Cited by2 opinions
- Botsford v. BradfieldMichigan Supreme Court · 1905
- Trombly v. KlersyMichigan Supreme Court · 1905