Long v. Kaiser
Michigan Supreme Court
Appeal from Lenawee. (Lane, J.) Bill to set aside a statutory foreclosure. Defendants appeal. The facts are stated in the opinion. 1. Where mortgaged premises are conveyed or incumbered in parcels, they are to be sold, upon foreclosure, in the inverse order of such conveyance or incumbrance; citing Cooper v. Bigly, 13 Mich. 475; nor is this doctrine inequitable, as the mortgagees may resort in succession to both parcels if necessary; citing James v. Brown, 11 Mich. 55;…
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Appeal from Lenawee. (Lane, J.) Bill to set aside a statutory foreclosure. Defendants appeal. The facts are stated in the opinion. 1. Where mortgaged premises are conveyed or incumbered in parcels, they are to be sold, upon foreclosure, in the inverse order of such conveyance or incumbrance; citing Cooper v. Bigly, 13 Mich. 475; nor is this doctrine inequitable, as the mortgagees may resort in succession to both parcels if necessary; citing James v. Brown, 11 Mich. 55; Southworth v. Parker, 41 Id. 200. 2. Desermia’s portion of the lot became by his agreement the primary fund for the payment…
1Opinion of the Court
'Cahill, J.
Complainant filed his bill to set aside a mortgage foreclosure and deed on land claimed by him, and. to free his land from the lien thereof.
On August 3, 1886, Peter Long was the owner in fee of lot 1, in the village of Onsted, Lenawee county, and on that day mortgaged it, as one parcel, to defendants Kaiser, husband and wife, to secure the payment of $800 in one year from date. On the 27th of the same month he mortgaged the same lot to the same parties, to secure the payment of $200, one year from date.
August 22, 1887, Long deeded to defendant Desermia a part of lot 1, which deed…
2Cases cited2 opinions
- Inkster v. First National BankMichigan Supreme Court · 1874
- J. I. Case Threshing Machine Co. v. MitchellMichigan Supreme Court · 1889
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