Carpenter v. Ingersoll
Michigan Supreme Court
Error to Ingham. Ejectment for premises claimed by Carpenter under the foreclosure of a mortgage, and by defendant under a patent from the State.
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Error to Ingham. Ejectment for premises claimed by Carpenter under the foreclosure of a mortgage, and by defendant under a patent from the State. The original purchaser of the land only took a certificate of purchase from the Commissioner of the Land Office, which certificate, after several intermediate assignments, was assigned to Ingersoll for a valuable consideration, and without notice of a mortgage on the premises, given by one of the former assignees and assigned to Jas. W. Tillman, who foreclosed it, and whose widow and heir-at-law transferred to Carpenter all the title thereby…
1Opinion of the CourtCooley, J.
If this case was before us for determination on all the merits, it is probable there would be no difficulty in sustaining the sale under which the plaintiff claims, as being a valid sale on the foreclosure of an equitable mortgage, notwithstanding the irregularity which has been pointed out in the proceedings. Torrans v. Hicks 32 Mich. 307. But we decided in Romain v. Lewis 39 Mich. 233, that the holder of the equitable title could not attack the patent at law; and that case rules the present: The plaintiff has a more suitable remedy, and must be left to pursue it.
The judgment must be…
2Cases cited2 opinions
- Torrans v. HicksMichigan Supreme Court · 1875
- Romain v. LewisMichigan Supreme Court · 1878
3Cited by1 opinion
- Austin v. AustinMichigan Supreme Court · 1912