Jobert v. Wagner
Michigan Supreme Court
Appeal from Wayne; Frazer, J. Bill" by Anna Jobert, administratrix of the estate of Karl Toelle, deceased, against John Wagner and Edward Radtke to set aside a mortgage foreclosure, and for an accounting. From a decree dismissing the bill, complainant appeals.
1Opinion of the CourtMoore, J.
August 26,1884, a mortgage sale was made of certain real estate in the city of Detroit to the defendant John Wagner. The foreclosure was by newspaper advertisement, and its regularity is not questioned. The mortgage foreclosed purported to have been made by Karl Toelle and his wife. It bore date September 21, 1877, and was recorded the next day. The defendant Edward Radtke is the tenant of defendant John Wagner. The complainant is the daughter of Karl Toelle. She commenced this proceeding, claiming (1) that her father never executed the mortgage, and neither he nor *410his heirs knew anything of…
2Cases cited7 opinions
- Miller v. FinleyMichigan Supreme Court · 1872
- Robert v. Estate of MorrinMichigan Supreme Court · 1873
- Brown v. DeanMichigan Supreme Court · 1883
- Krolik v. RootMichigan Supreme Court · 1886
- Bly v. BradyMichigan Supreme Court · 1897
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