Martin v. Cook
Michigan Supreme Court
Appeal from Livingston. (Person, J.) Petition for the surplus arising on the foreclosure of a mortgage by advertisement, or for the use of the same during the life of the petitioner. Defendant appeals. The facts are stated in the opinion.
1Opinion of the Court
McGrath, O. J.
William H. Martin and wife executed a mortgage upon certain lands to. one Rogers. Afterwards Martin (then a widower) conveyed the lands to one Harrington. The deed contained the following clause:
“ Reserving unto the said William H. Martin and Essey May Martin a life lease of said above-described premises, for and during the life of each of them.”
Essey May Martin is the daughter of the grantor. Harrington conveyed to C. H., and C. H. to defendant. The deed from C. H. to defendant contains a like clause, and a further clause excepting the mortgage from the warranty, the grantee…
2Cases cited8 opinions
- Bridger v. . PiersonNew York Court of Appeals · 1871
- Stockwell v. CouillardMassachusetts Supreme Judicial Court · 1880
- Marshall v. TrumbullSupreme Court of Connecticut · 1859
- Hall v. City of IoniaMichigan Supreme Court · 1878
- Crosby v. MontgomerySupreme Court of Vermont · 1865
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Burns v. BastienSupreme Court of Oklahoma · 1935
- Hicks v. PhillipsCourt of Appeals of Kentucky · 1912
- Allen v. HensonCourt of Appeals of Kentucky · 1919
- Barkhausen v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
- Lemon v. LemonSupreme Court of Missouri · 1918
18 more not listed; retrieve them via the Exa API.