Michigan Insurance v. Brown
Michigan Supreme Court
Appeal from the Oakland Circuit in Chancery. The bill was filed against Henry H. Brown as mortgagor, and Kirkland' C. Barker and John Windiate as subsequent purchasers or incumbrancers, to foreclose a mortgage given November 29th, 184V, by Brown to complainants, and conditioned for the payment by him of “all-sums now due or hereafter to become due,” but without specifying any amount.
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Appeal from the Oakland Circuit in Chancery. The bill was filed against Henry H. Brown as mortgagor, and Kirkland' C. Barker and John Windiate as subsequent purchasers or incumbrancers, to foreclose a mortgage given November 29th, 184V, by Brown to complainants, and conditioned for the payment by him of “all-sums now due or hereafter to become due,” but without specifying any amount. The indebtedness alleged was a bond, dated November 15th, 184V, conditioned for the payment of $11,200 on the first day of December following. Windiate did not defend, and Barker having been once defaulted, was…
1Opinion of the Court
Campbell J.:
The bill in this cause was filed to foreclose a mortgage made by Henry II. Brown and wife to complainants, in November, 1847, conditioned for the payment of “all sums of money now due or hereafter to become due." The bill averred a bond of previous date, conditioned for the payment of $11,200 and interest. The bill was filed July 20th, 1859. To this bill Brown interposed the Statute of Limitations as a defense, and Barker averred in his answer that, on the 21st day of July, 1859, the day after the bill was filed, he purchased the premises from Brown for a valuable consideration…
2Cited by43 opinions
- Lothian v. City of DetroitMichigan Supreme Court · 1982
- Hughes v. ReedCourt of Appeals for the Tenth Circuit · 1931
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Collier v. FaulkSupreme Court of Alabama · 1881
- Browne v. BrowneSupreme Court of Florida · 1880
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