Van Brunt v. Wakelee
Michigan Supreme Court
Appeal in Chancery from Calhoun Circuit. Complainant filed her bill to redeem from a chattel mortgage a quantity of wheat, which she had mortgaged while growing, and which at the time of filing the bill had been harvested and stacked upon her premises.
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Appeal in Chancery from Calhoun Circuit. Complainant filed her bill to redeem from a chattel mortgage a quantity of wheat, which she had mortgaged while growing, and which at the time of filing the bill had been harvested and stacked upon her premises. The mortgage fell due August 1st, 1861, and on the next day defendant, who was assignee of the mortgage, came upon complainant’s premises and took possession of the wheat, but without removing it, and refused to allow complainant to redeem. Two weeks thereafter she tendered the amount due on the mortgage, and on defendant refusing to receive…
1Opinion of the Court
Martin Ch. J.:
Without going into any extended discussion of the respective rights of a mortgagor and mortgagee of chattels after foreclosure, it is very clear from all the analogies of the law, and upon general principles, that a mortgagor has a right to redeem at any time before foreclosure. In the case of a mortgage of chattels this can only be done by a reduction of the property into possession, or by a sale pursuant to the power contained in the instrument. Neither was done in this case. The assertion of Wakelee that he refused the tender, and that he should take the entire wheat, so long…
2Cited by3 opinions
- Flanders v. ChamberlainMichigan Supreme Court · 1872
- Cary v. HewittMichigan Supreme Court · 1872
- Lucking v. WessonMichigan Supreme Court · 1872