Redfield v. Reid
Michigan Supreme Court
Appeal from Wayne; Mandell, J. Bill by John R. Redfield, Morgan G. Bulkeley, and Meigs H. Whaples, trustees for the United States for the Scottish Union & National Insurance Company, against William Reid, the American Window Glass Company, the William Reid Company, and others, for the foreclosure of a mortgage. The American Window Glass Company filed an answer in the nature of a cross-bill for the foreclosure of a second mortgage.
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Appeal from Wayne; Mandell, J. Bill by John R. Redfield, Morgan G. Bulkeley, and Meigs H. Whaples, trustees for the United States for the Scottish Union & National Insurance Company, against William Reid, the American Window Glass Company, the William Reid Company, and others, for the foreclosure of a mortgage. The American Window Glass Company filed an answer in the nature of a cross-bill for the foreclosure of a second mortgage. From a decree for complainant and cross-complainant, defendant William Reid Company appeals. The defendant William Reid and his wife on November 13, 1901, executed…
1Opinion of the CourtGrant, J.
(after stating the facts).
1. No defense was made in the court below. It is conceded that the *548mortgagor was in default, and that the amounts due on the two mortgages are correct. Counsel for the appellant, the William Reid Company, insists that the decree should be reversed and the cross-bill dismissed, and the cross-complainant be relegated to its decree of foreclosure and sale in its original case, and be decreed to take steps to sell at once. No such claim was set up in the answer or made upon the hearing in the court below. It cannot, therefore, be made in the appellate court. Miller v.…
2Cases cited3 opinions
- Detroit Savings Bank v. TruesdailMichigan Supreme Court · 1878
- Fifth National Bank v. PierceMichigan Supreme Court · 1898
- Miller v. WalkerMichigan Supreme Court · 1905
3Cited by3 opinions
- Union Guardian Trust Co. v. Building Securities Corp.Michigan Supreme Court · 1937
- Union Trust Co. v. Electric Park Amusement Co.Michigan Supreme Court · 1912
- Union Guardian Trust Co. v. Building Securities Corp.Michigan Supreme Court · 1937