Chase v. Darby
Michigan Supreme Court
Appeal from Ionia; Davis, J. Bill by Washington Y. Chase, administrator of the estate of Charles Darby, deceased, against Phoebe A. Darby, to foreclose a mortgage. Defendant filed an answer in the nature of a cross-bill, praying that the mortgage be canceled and discharged. From a decree for defendant, complainant appeals.
1Opinion of the CourtHooker, J.
Charles Darby, being the owner of 160 acres of land, conveyed the same by deed to his son Charles F. Darby on May 29, 1879, upon the promise of the latter to pay to his brothers and sisters the sum of $1,200; and, as a further consideration for the conveyance, he gave to his father a mortgage to secure the performance of an agreement to which it was collateral, which reads as follows:
*316“ For value received, I promise to pay Charles Darby an annual annuity of three hundred and. eighty-four dollars, to be paid in each and every year as long as he shall live; the first payment of said sum, as such…
2Cases cited1 opinion
- Kearney v. . CruikshankNew York Court of Appeals · 1889
3Cited by6 opinions
- Brownstein v. New York Life InsuranceCourt of Appeals of Maryland · 1930
- Wiegand v. WoernerMissouri Court of Appeals · 1911
- Nehls v. SauerSupreme Court of Iowa · 1903
- Henry v. HendersonMississippi Supreme Court · 1902
- Lynch v. HoustonMissouri Court of Appeals · 1909
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