Sage v. Riggs
Michigan Supreme Court
Appeal in chancery from Wayne Circuit. The bill was to foreclose a mortgage executed by two of the defendants to complainant, to secure the payment of a bond for $2500. The mortgage empowered the mortgagee, in the usual manner, on default being made in the condition of the mortgage, to sell and convey the mortgaged premises, and from the proceeds thereof to retain the amount due her, “rendering the surplus moneys, if 'any there be, to tbe said parties of the first part,…
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Appeal in chancery from Wayne Circuit. The bill was to foreclose a mortgage executed by two of the defendants to complainant, to secure the payment of a bond for $2500. The mortgage empowered the mortgagee, in the usual manner, on default being made in the condition of the mortgage, to sell and convey the mortgaged premises, and from the proceeds thereof to retain the amount due her, “rendering the surplus moneys, if 'any there be, to tbe said parties of the first part, their heirs, executors or administrators, after deducting the costs and charges of such vendue and sale aforesaid, and also…
1Opinion of the Court
Manning J.:
The 'error complained of in this decree is the non-allowance of $100 attorney’s fee for foreclosing the mortgage, provided for in the power of sale. It is insisted *314complainant is entitled to the $100, whether the foreclosure is in chancery, or at law by advertisement and sale under the power. It is not in a separate clause of the mortgage, standing by itself and providing a fee for foreclosing the mortgage generally, but in the power of sale of which it is a part. The language of the power is, “rendering the surplus moneys, if any there be, to the parties of the first part, their…
2Cited by6 opinions
- Conway v. SkidmoreWyoming Supreme Court · 1935
- Van Marter v. McMillanMichigan Supreme Court · 1878
- Hardwick v. BassettMichigan Supreme Court · 1874
- Danforth v. CharlesSupreme Court Of The Territory Of Dakota · 1875
- Damon v. DeevesMichigan Supreme Court · 1886
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