Higman v. Stewart
Michigan Supreme Court
Appeal from Berrien. Eoreclosure. Stewart, being indebted to Higman, gave him a mortgage on his farm and also assigned to him as farther security, a mortgage that had been given to himself on certain mill property already subject to two mortgages and an execution sale. Higman after-wards took an assignment of the certificate of execution sale, and as there was no redemption he received a sheriff’s deed of the property.
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Appeal from Berrien. Eoreclosure. Stewart, being indebted to Higman, gave him a mortgage on his farm and also assigned to him as farther security, a mortgage that had been given to himself on certain mill property already subject to two mortgages and an execution sale. Higman after-wards took an assignment of the certificate of execution sale, and as there was no redemption he received a sheriff’s deed of the property. After he had taken possession, the original owners who had mortgaged the property to Stewart conveyed it to Higman with a covenant against all incumbrances except the levy and…
1Opinion of the CourtGraves, J.
May 16,1874, the defendants Stewart and wife joined in a promissory note to complainant for $3000, payable three months after date with semi-annual interest at ten per cent. They also made their mortgage of even date, but acknowledged May 20th, to secure the same debt. It was given on the northwest quarter of the northeast quarter and the north half of the southwest quarter of the northeast quarter of section sixteen, of township five south of range nineteen west.
The debt seems to have been the unpaid remainder of an original debt of $5000 which had been incurred by Stewart and Theodore and…
2Cases cited21 opinions
- Burr v. . BeersNew York Court of Appeals · 1861
- Garnsey v. . RogersNew York Court of Appeals · 1872
- Crawford v. EdwardsMichigan Supreme Court · 1876
- Halsey v. ReedNew York Court of Chancery · 1842
- King v. WhitelyNew York Court of Chancery · 1843
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3Cited by21 opinions
- Barnard v. HuffMichigan Supreme Court · 1930
- Gillen v. Wakefield State BankMichigan Supreme Court · 1929
- Wilson v. WhiteCalifornia Supreme Court · 1890
- O'Neil v. GreenwoodMichigan Supreme Court · 1895
- Tatum v. BallardSupreme Court of Virginia · 1897
16 more not listed; retrieve them via the Exa API.