Sherman v. Fisher
Michigan Supreme Court
Error to Wayne; Brooke, J. Assumpsit by Mary Sherman against Truman S. Eisher for rent. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.
1Opinion of the CourtHookeb, J.
In 1887 one Abbott owned certain premises in Detroit, and subsequently gave two mortgages thereon. The junior mortgage was assigned to Theeck, and the assignment was duly recorded. The senior mortgage was foreclosed. The property was. purchased at the sale by Walker, and the period of redemption expired. These proceedings did not bind Theeck, who was not a party to them. See Walker v. Fisher, 117 Mich. 72.
Subsequently the junior mortgage was foreclosed, and the interest derived from the foreclosure sale came to be vested in Sherman, the plaintiff. Eisher, the defendant, entered upon the…
2Cases cited9 opinions
- Connecticut Mutual Life Insurance v. BulteMichigan Supreme Court · 1881
- Jenkinson v. WinansMichigan Supreme Court · 1896
- Busch v. NesterMichigan Supreme Court · 1886
- Walker v. FisherMichigan Supreme Court · 1898
- Sherman v. SpaldingMichigan Supreme Court · 1901
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3Cited by3 opinions
- Metropolitan Life Ins. Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1939
- Metropolitan Life Ins. Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1939
- Town of Ketchikan v. ZimmermanDistrict Court, D. Alaska · 1910