Cook v. Rounds
Michigan Supreme Court
Appeal from Kent. (Montgomery, J.) Complainant appeals from decree dismissing bill. The facts are stated in the opinion and head note. The statute of limitations does not apply to the case at bar. The contract, the mortgage, and the tax receipts are securities for the same debt; and, taken together, bring the transaction down to the time of commencing suit. Prior to Act No. 204, Pub.
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Appeal from Kent. (Montgomery, J.) Complainant appeals from decree dismissing bill. The facts are stated in the opinion and head note. The statute of limitations does not apply to the case at bar. The contract, the mortgage, and the tax receipts are securities for the same debt; and, taken together, bring the transaction down to the time of commencing suit. Prior to Act No. 204, Pub. Acts of 1879, p. 186, the equitable bar on the expiration of twenty years arose upon the presumption of payment, and that might be removed by evidence : Abbott v. Godfroy's Heirs, 1 Mich. 179 ; The Mich. Ins. Co.…
1Opinion of the CourtMorse, J.
The bill of complaint in this cause was filed May 26, 1881, to foreclose a mortgage executed by the defendants George W. and Mary R. Rounds and Charles J. and Laura L. Jaqua, upon two separate parcels of land in Kent county, one being' the homestead of George W. Rounds, and the other the homestead of Charles J. Jaqua.
The mortgage was dated December 1,1856, and was given to secure the payment of $325.05, and a stipulated amount of interest, being the first three annual payments, of $108.35 each, upon a certain land contract, bearing date the same day, wherein complainant agreed to sell and…
2Cited by2 opinions
- Burke v. DouglassMichigan Supreme Court · 1897
- Cook v. HopkinsMichigan Supreme Court · 1888