Dewey v. Ingersoll
Michigan Supreme Court
Appeal from Shiawassee. Foreclosure of a mortgage given by Clarissa Ingersoll, dated April 20, 1868, and covering premises a part of which she afterwards sold by warranty deed dated Nov. 26, 1872, to her daughter Agnes Dakin, who is sued as a subsequent encumbrancer, and who filed a separate answer claiming that in September, 1873, without her knowledge or consent, complainants had released from the .mortgage lands worth more than double the amount claimed to be due, and…
Read the full summary
Appeal from Shiawassee. Foreclosure of a mortgage given by Clarissa Ingersoll, dated April 20, 1868, and covering premises a part of which she afterwards sold by warranty deed dated Nov. 26, 1872, to her daughter Agnes Dakin, who is sued as a subsequent encumbrancer, and who filed a separate answer claiming that in September, 1873, without her knowledge or consent, complainants had released from the .mortgage lands worth more than double the amount claimed to be due, and which she insisted should have been sold first before resorting to the land she had bought. The bill was dismissed and…
1Opinion of the CourtMarston, J.
According to the undisputed facts in this case, the defendant Agnes A. Dakin was in the actual unequivocal possession of a portion of the mortgaged premises, claiming title thereto under her deed of November 25, 1872, which had been recorded November 26th, at the time complainants released from their mortgage a part of the premises in the fall of 1873.
This release does not appear to have been made at her request, or with her consent or knowledge, and the important question is whether complainants at the time of the release, had notice of Mrs. Dakin’s rights in the premises. If they did have,…
2Cited by7 opinions
- Corey v. SmalleyMichigan Supreme Court · 1895
- Merchants State Bank v. TuftsNorth Dakota Supreme Court · 1905
- Burnham, Hanna, Munger & Co. v. Citizens Bank of EmporiaSupreme Court of Kansas · 1895
- Howard v. BurnsSupreme Court of Minnesota · 1898
- Piech v. BeatyMichigan Supreme Court · 1941
2 more not listed; retrieve them via the Exa API.