Legal Opinion

McClintock v. Laing

Michigan Supreme Court

Decided January 10, 1871PublishedCited by 8 opinions

Appeal in Chancery from Shiawassee Circuit. The bill was filed by Freeman McClintock, in the Circuit Court for the County of Shiawassee, in Chancery, against Harriet O. Laing and Alva C. Laing, to foreclose a mortgage executed by the defendants to one Peter Laing, — the title to which the complainant had acquired by purchase,— and to enforce an alleged verbal agreement made by the defendants with the complainant, to execute a mortgage upon a parcel of land adjoining the…

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Appeal in Chancery from Shiawassee Circuit. The bill was filed by Freeman McClintock, in the Circuit Court for the County of Shiawassee, in Chancery, against Harriet O. Laing and Alva C. Laing, to foreclose a mortgage executed by the defendants to one Peter Laing, — the title to which the complainant had acquired by purchase,— and to enforce an alleged verbal agreement made by the defendants with the complainant, to execute a mortgage upon a parcel of land adjoining the premises covered by. the mortgage. The defendant, Harriet C. Laing answered, and the bill was taken as confessed against the…

1Opinion of the CourtCooley, J.

The bill in this case appears to have been filed to enforce an equitable lien on eight acres of land, and also to foreclose a mortgage on two acres of the same land.

The facts out of which the alleged equitable lien is alleged to have arisen, as stated in the bill, are substantially the following: In February, 1857, the defendant, Alva C. Laing (who is, or at least then was, the husband of the other defendant) was owner of the ten acres of land above mentioned, and being then indebted to complainant, and being also desirous of obtaining from him advances, to enable this defendant to build a…

2Cases cited1 opinion

  1. Mowrey v. VandlingMichigan Supreme Court · 1860

3Cited by8 opinions

  1. Blanchard v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
  2. Gibbons v. TerritoryCourt of Criminal Appeals of Oklahoma · 1911
  3. Williams v. StewartSupreme Court of Minnesota · 1879
  4. Schifrin v. Chenille Mfg. Co.Court of Appeals for the Second Circuit · 1941
  5. Irvine v. ArmstrongSupreme Court of Minnesota · 1883

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