Fraser v. Fleming
Michigan Supreme Court
Appeal from Muskegon; Sullivan, J. Bill by Frederick L. Fraser against R. Andrew Fleming, trustee for Helen H. Littell, to set aside a mortgage. From a decree for defendant, complainant appeals.
1Opinion of the CourtPerson, J.
This case involves a question of priority between the complainant, as assignee of a contract purchaser of lot 6, block 97, in the city of Muskegon Heights, and defendant, as mortgagee of the same lot. The facts which give rise to the controversy are, in substance, as follows: On the 30th day of June, 1913, Samuel W. Carpenter and his wife, Esther M. Carpenter, entered into a contract for the purchase of the lot from one Orrin Trimble. Trimble himself at that time held only a contract for the lot from Will M. Dodge, who owned the legal title. The contract between the Carpenters and Trimble…
2Cases cited9 opinions
- Phelan v. . BradyNew York Court of Appeals · 1890
- Kitchell v. MudgettMichigan Supreme Court · 1877
- Boyer v. ChandlerIllinois Supreme Court · 1896
- Corey v. SmalleyMichigan Supreme Court · 1895
- Palmer v. WilliamsMichigan Supreme Court · 1872
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3Cited by11 opinions
- Wild v. WildMichigan Supreme Court · 1934
- American Cedar & Lumber Co. v. GustinMichigan Supreme Court · 1926
- Kastle v. ClemonsMichigan Supreme Court · 1951
- Smelsey v. Guarantee Finance Corp.Michigan Supreme Court · 1945
- Lee County Bank v. Metropolitan Life Insurance Co.District Court of Appeal of Florida · 1961
6 more not listed; retrieve them via the Exa API.