Blackwood v. Van Vleet
Michigan Supreme Court
Appeal in Chancery from Lenawee Circuit. Blackwood, who was assignee of a mortgage given in 1837 by one Miller, and to foreclose which he had brought suit in equity, filed his bill in this cause, setting forth that defendant was in possession of the lands mortgaged, claiming title thereto under deeds from the Auditor General given on sales for delinquent taxes of 1849 and 1854, and that he threatened to commit waste thereon by cutting off the timber.
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Appeal in Chancery from Lenawee Circuit. Blackwood, who was assignee of a mortgage given in 1837 by one Miller, and to foreclose which he had brought suit in equity, filed his bill in this cause, setting forth that defendant was in possession of the lands mortgaged, claiming title thereto under deeds from the Auditor General given on sales for delinquent taxes of 1849 and 1854, and that he threatened to commit waste thereon by cutting off the timber. The bill allege^ the invalidity of the tax titles, prayed for an injunction to restrain waste, and that ■the deeds from the Auditor General be…
1Opinion of the Court
Manning J.:
The bill is filed by the assignee of a mortgagee. Defendant is in possession of the mortgaged premises, claiming them by tax titles. The bill is to enjoin him against the commission of waste, and to have the tax titles set aside and declared void and of none effect, for certain alleged defects in levying the tax. It is also stated that complainant has filed a bill against the mortgagor to foreclose .the mortgage. And a demurrer having- been interposed for want of equity, complainant seeks to sustain his bill on two grounds: 1st, As an injunction bill to stay waste; 2d, On the…
2Cases cited1 opinion
- Mundy v. MonroeMichigan Supreme Court · 1848
3Cited by23 opinions
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- Birkhofer v. KrummCalifornia Court of Appeal · 1938
- Detroit Trust Co. v. Stormfeltz-Loveley Co.Michigan Supreme Court · 1932
- E. J. Lander & Co. v. DeemyNorth Dakota Supreme Court · 1920
- Carpenter v. DennisonMichigan Supreme Court · 1919
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