Kephart v. Farmers' & Mechanics' Bank
Michigan Supreme Court
Case made from Berrien Circuit. •The case was this : George Kimmel, tie plaintiff’s testator in his lifetime, held a mortgage on some land in Berrien County, executed by Robert E. Ward and wife. The Farmers’ and Mechanics’ Bank bad a subsequent incumbrance on the same premises. Kimmell brought big bill of foreclosure against Ward ¿nd wife, and made the Bank a party thereto. The Bank, appearing in the case, filed an answer, setting up a defence to the mortgage — usury.
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Case made from Berrien Circuit. •The case was this : George Kimmel, tie plaintiff’s testator in his lifetime, held a mortgage on some land in Berrien County, executed by Robert E. Ward and wife. The Farmers’ and Mechanics’ Bank bad a subsequent incumbrance on the same premises. Kimmell brought big bill of foreclosure against Ward ¿nd wife, and made the Bank a party thereto. The Bank, appearing in the case, filed an answer, setting up a defence to the mortgage — usury. The Court held the mortgage valid, and decreed a sale of the mortgaged premises, and that Ward, who was personally liable,…
1Opinion of the Court
By the Court,
Johnson, J.
The decision of this cause depends upon the construction to be given to the statute cited. Was it the intention of the Legislature to require the appellant to give a bond conditioned for the payment, satisfaction or performance of the decree of the Supreme Court, in those respects in which the decree itself should not require payment, satisfaction or performance by the party bringing the appeal, or is it the more reasonable construction to hold, that the party appealing is thereby required to give security for the payment, satisfaction or performance of the decree, to…
2Cases cited1 opinion
- Varick v. BriggsNew York Court of Chancery · 1837
3Cited by10 opinions
- Kelly v. GauklerMichigan Supreme Court · 1911
- Garrett v. KatzCourt of Appeals of Texas · 1930
- City Council of Marion v. Cedar Rapids & Marion Railway Co.Supreme Court of Iowa · 1903
- Adoue v. WettermarkCourt of Appeals of Texas · 1902
- Kennedy v. NimsMichigan Supreme Court · 1883
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