Emil Kiewert Co. v. Juneau
Court of Appeals for the Sixth Circuit
Cross Appeals from,the Circuit Court of the United States for the Western District of Michigan. Bill to foreclose a mortgage, in form a deed, executed for the purpose of securing an indebtedness then due, and further indebtedness then contemplated. The mortgagor in August, 1888, was indebted in the sum of $1,590 to the complainant the Emil Kiewert Company, a corporation of the state of Wisconsin.
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Cross Appeals from,the Circuit Court of the United States for the Western District of Michigan. Bill to foreclose a mortgage, in form a deed, executed for the purpose of securing an indebtedness then due, and further indebtedness then contemplated. The mortgagor in August, 1888, was indebted in the sum of $1,590 to the complainant the Emil Kiewert Company, a corporation of the state of Wisconsin. To secure this he made an absolute deed of conveyance to Emil Kiewert, president of said corporation. It is conceded that this conveyance was intended to secure the debt then existing, and such…
1Opinion of the Court
After making the foregoing statement of facts, the opinion of the court was delivered by
BURTON, Circuit Judge.
The mortgaged property consisted of a block of three two-story business houses, situated in the small village of Iron wood, Gogebic county, Mich. The lower rooms were fitted up for business purposes, and the upper story was adapted for separate use as apartments or offices. Elisha Juneau, the owner and mortgagor, had kept a saloon in one of them, and continued to do so for much of the lime embraced in the accounting. For the room so occupied, lie, for a (hue, paid rent to the agent of…
2Cases cited8 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Camden v. StuartSupreme Court of the United States · 1892
- Gresham v. WareSupreme Court of Alabama · 1885
- Turley v. TurleyTennessee Supreme Court · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ohio Valley Bank Co. v. MackCourt of Appeals for the Sixth Circuit · 1906
- Epstein v. SteinfeldCourt of Appeals for the Third Circuit · 1914
- Kowalsky v. American Employers Ins. Co.Court of Appeals for the Sixth Circuit · 1937
- Central Trust Co. of New York v. East Tennessee, V. & G. R.Court of Appeals for the Sixth Circuit · 1897
- Sternburg v. CohenCourt of Appeals for the First Circuit · 1918
9 more not listed; retrieve them via the Exa API.