Kitchell v. Mudgett
Michigan Supreme Court
Appeal from Branch. Bill or foreclosure. The court below decreed that as the defendant, Polly Ann Mudgett, had a mortgage lien prior to that of complainant, and there could be no personal decree against her, she should recover her costs against the complainant, and that beyond this the usual decree of foreclosure should be entered in favor of the complainant, with costs, except that it be so framed as to protect the lien of Polly Ann Mudgett, the prior mortgagee.
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Appeal from Branch. Bill or foreclosure. The court below decreed that as the defendant, Polly Ann Mudgett, had a mortgage lien prior to that of complainant, and there could be no personal decree against her, she should recover her costs against the complainant, and that beyond this the usual decree of foreclosure should be entered in favor of the complainant, with costs, except that it be so framed as to protect the lien of Polly Ann Mudgett, the prior mortgagee. Complainant appealed.
1Opinion of the CourtCooley, C. J.
This is a suit to foreclose a mortgage given by Moses Mudgett and Polly Ann Mudgett his wife to the complainant. The mortgage bears date July 24, 1871, and was given for the amount of two prior mortgages on the same premises, one to William S. Gilbert and the other to Thomas Phibbs, which complainant had paid on an understanding that a new mortgage should be given to her for the amount. Mrs. Mudgett at this time had a mortgage on the same premises, dated January 4, 1868, and duly recorded. Whether complainant knew of this last mortgage when she took the one to herself is in dispute; but it…
2Cases cited6 opinions
- West v. LarawayMichigan Supreme Court · 1874
- Mattison v. MarksMichigan Supreme Court · 1875
- De Vries v. ConklinMichigan Supreme Court · 1871
- Niles v. RansfordMichigan Supreme Court · 1849
- Thayer v. McGeeMichigan Supreme Court · 1870
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