Hodges v. Phinney
Michigan Supreme Court
Appeal from Gratiot; Daboll, J. Bill by Amelia Hodges against Ansel H. Phinney, David Robinson, Jr., and Harriet F. Newcomb, to foreclose a mortgage. From a decree for complainant, defendant Newcomb appeals.
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Appeal from Gratiot; Daboll, J. Bill by Amelia Hodges against Ansel H. Phinney, David Robinson, Jr., and Harriet F. Newcomb, to foreclose a mortgage. From a decree for complainant, defendant Newcomb appeals. The agreed facts in this case are as follows: The bill was filed to foreclose a mortgage executed by Alvin Hodges and wife, the complainant, to William Dutton, August 27, 1877, for $1,200, due five years from its date, with interest payable annually at ten per cent, per annum. Interest was paid thereon to August 27, 1883, and indorsed on the mortgage. Alvin Hodges died intestate March 8,…
1Opinion of the CourtGrant, J.
(after stating the facts). The question, as stated by the complainant’s counsel, is: Could she buy the mortgage upon the land admeasured to her as dower, and enjoy all the rights thereunder that Dutton, the original mortgagee, had? As stated by the defendant’s counsel the question is: Is not a widow endowed, owning a mortgage covering the land set off to her as dower, bound to keep the interest down?
It is the duty of the life tenant to pay the interest on incumbrances existing at the time the tenancy was created. A dowress forms no exception to the rule. 4 Kent, Comm. 74; House v. House, 10…
2Cases cited2 opinions
- House v. HouseNew York Court of Chancery · 1843
- Swaine v. PerineNew York Court of Chancery · 1821
3Cited by3 opinions
- Damm v. DammMichigan Supreme Court · 1896
- Detroit & Northern Michigan Building & Loan Ass'n v. OramMichigan Supreme Court · 1918
- Engel v. LadewigMichigan Supreme Court · 1908