Parks v. Allen
Michigan Supreme Court
Appeal from Tuscola. Bill to compel the release of a mortgage and to obtain th,e statutory penalty for refusing to discharge it on tender of the amount due thereon. Complainant Parks testified that he saw the mortgagee Allen driving past the place where he was at work, and that he called to him to stop and went out to where he was. and asked him if he had the mortgage with him.
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Appeal from Tuscola. Bill to compel the release of a mortgage and to obtain th,e statutory penalty for refusing to discharge it on tender of the amount due thereon. Complainant Parks testified that he saw the mortgagee Allen driving past the place where he was at work, and that he called to him to stop and went out to where he was. and asked him if he had the mortgage with him. Allen said he had, and also said that he had some other mortgages and was going to Caro to get some money on them; Parks said he would pay him some money, and Allen asked him how much; Parks- said $40, and Allen said…
1Opinion of the CourtMarston, C. J.
We are of opinion that there was no such tender made as would discharge the mortgage lien, much less entitle the complainants to the statutory penalty. The place where the tender was made and the circumstances attending the same, show that there was no willful refusal by the defendant to receive the amount due, while he did decline going into other matters of dealing between himself and the complainant, and he afterwards and before any posts were incurred offered to receive the amount due on the mortgage note.
In view of all 'the facts we think complainants should be permitted to redeem, the…
2Cited by3 opinions
- Millard v. TruaxMichigan Supreme Court · 1881
- Vosburgh v. LayMichigan Supreme Court · 1881
- Post v. SpringstedMichigan Supreme Court · 1882