Equitable Trust Co. v. Milton Realty Co.

On Rehearing.

Sharpe, J.

The insistence of counsel for the appellant and the pendency of many other cases involving a similar question have impelled us to grant rehearings in this and the case which follows. The opinions then filed appear in 261 Mich. 571 et seq.

We are in agreement with counsel that all of the provisions of this instrument must be considered in determining whether it is in fact a trust mortgage or deed of trust. The omission of the term “trustee” is not alone decisive, nor would its inclusion be decisive if it is apparent that there was no intent to create a trust. Its creation…