Kimmell v. Willard's Administrators
Michigan Supreme Court
Appeal from the Court of Chancery. The complainant filed his bill in the court below, against the defendants, in the ordinary form, to foreclose a mortgage upon certain real estate in the village of Niles, Berrien county, executed by Willard in his life time, to wit, on the 25th day of November, 1835, and conditioned for the payment of $1000 in four years from the date of the mortgage, and interest thereon, payable annually.
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Appeal from the Court of Chancery. The complainant filed his bill in the court below, against the defendants, in the ordinary form, to foreclose a mortgage upon certain real estate in the village of Niles, Berrien county, executed by Willard in his life time, to wit, on the 25th day of November, 1835, and conditioned for the payment of $1000 in four years from the date of the mortgage, and interest thereon, payable annually. Both the principal and interest secured by the mortgage were due, when the hill was filed. The President, &c. of the Farmers and Mechanics’ Bank, who, as subsequent…
1Opinion of the CourtWhipple, J.
The question which the facts in this case present for our determination, is, whether the premises described in *219the bill were disencumbered of the mortgage executed by Willard to the complainant, by the previous foreclosure of the same by advertisement, pursuant to the statute, for instalments of interest due, and by the tender1 of the bank to the complainant, who became the purchaser of the premises on such foreclosure, of the a'mount due on the certificate of sale.
The determination of .this question must depend chiefly upon the construction and effect given to the provisions of Ch. 8, Tit.…
2Cited by6 opinions
- Echlin v. Superior CourtCalifornia Supreme Court · 1939
- Wilkinson v. TildenU.S. Circuit Court for the District of Southern New York · 1883
- Proctor v. BakerIndiana Supreme Court · 1860
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
- Reno v. WilsonU.S. Circuit Court for the District of Arkansas · 1830
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