Dawson v. Danbury Bank
Michigan Supreme Court
Appeal in Chancery, from Oakland Circuit. This was a bill to quiet title. The case was heard on bill, answer and proofs, and a decree rendered for complainant. The facts are stated in the opinion. 1. Where a party represents a prior lien derived from the same source, he and his grantees are proper parties to a foreclosure bill. — Story JSq. PI. §186 and notes; Id. 193 and notes; Mill, on Mort. (3d ed.) p. 159, §70; 11 Wheat. 304, 306; 11 Paige, 28, 29, 39, 40; 3 Johns.
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Appeal in Chancery, from Oakland Circuit. This was a bill to quiet title. The case was heard on bill, answer and proofs, and a decree rendered for complainant. The facts are stated in the opinion. 1. Where a party represents a prior lien derived from the same source, he and his grantees are proper parties to a foreclosure bill. — Story JSq. PI. §186 and notes; Id. 193 and notes; Mill, on Mort. (3d ed.) p. 159, §70; 11 Wheat. 304, 306; 11 Paige, 28, 29, 39, 40; 3 Johns. Gh. 459. 2. The defendants claim that none but subsequent encumbrancers are proper parties defendants to a foreclosure suit,…
1Opinion of the Court
Cooley J.
The complainant filed his bill to quiet the title to certain premises formerly owned by N. P. Stewart in the present city of. Pontiac.
The facts upon which legal questions arise are the following :
In July, 1855, Stewart gave a mortgage-on the premises to Cooper, Storm & .Smith, which was foreclosed in chancery, and a decree for sale made September 27, 1857. Notice of lis pendens was- duly filed -in this suit.
May. 21, 1859, Stewart gave another mortgage to Moss, Medbury & Duffield, covering the Pontiac Lot, and also a large amount of other real estate.
June 16, 1860, the Pontiac Lot was…
2Cases cited2 opinions
- Bloomer v. HendersonMichigan Supreme Court · 1860
- Wurcherer v. HewittMichigan Supreme Court · 1862
3Cited by18 opinions
- Kerr v. KingsburyMichigan Supreme Court · 1878
- Pell v. McElroyCalifornia Supreme Court · 1868
- Koon v. TramelSupreme Court of Iowa · 1887
- DeWolf v. A. & W. Sprague Manufacturing Co.Supreme Court of Connecticut · 1881
- Smith v. FordWisconsin Supreme Court · 1880
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