Legal Opinion

Gordon v. Constantine Hydraulic Co.

Michigan Supreme Court

Decided July 18, 1898PublishedCited by 6 opinions

Appeal from St. Joseph; Yaple,'J. Bill by Alexander Gordon against the Constantine Hydraulic Company, John W. Lamb, and others, to foreclose a mortgage. The defendant company filed an answer in the nature of a cross-bill, praying that a lease executed by it, held by defendant Lamb and others, be decreed to be a mortgage and a prior lien. From a decree granting the prayer of the cross-bill, complainant appeals.

1Opinion of the CourtMoore, J.

A reference to the case of Lamb v. Constantine Hydraulic Co., 59 Mich. 597, will aid in an understanding of the questions involved in this case. Complainant h^s filed his bill to foreclose a mortgage upon the mill property mentioned in the case just referred to, and to have it declared a first lien upon said property. Defendant company has filed an answer to this bill in the nature of a cross-bill, in which it claims the lease referred to in that case is a mortgage, that there are several thousand dollars due upon it, and asking to have the amount due decreed to be a first lien. The circuit…

2Cases cited2 opinions

  1. Babcock v. LiskIllinois Supreme Court · 1870
  2. Lamb v. Constantine Hydraulic Co.Michigan Supreme Court · 1886

3Cited by6 opinions

  1. Sinclair v. GunzenhauserIndiana Supreme Court · 1912
  2. Grand Rapids National Bank v. FordMichigan Supreme Court · 1906
  3. McConnell v. United States Express Co.Michigan Supreme Court · 1914
  4. Brown v. KingMichigan Supreme Court · 1912
  5. Stover v. Bryant & Detwiler Improvement Corp.Michigan Supreme Court · 1951

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