Batty v. Snook
Michigan Supreme Court
Appeal from Macomb Circuit in Chancery. The allegations of the bill, so far as they are material to illustrate tbe decision, are as follows: That, in 1853, complainant Batty bought of defendant Warner a lot in the village of Mt.
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Appeal from Macomb Circuit in Chancery. The allegations of the bill, so far as they are material to illustrate tbe decision, are as follows: That, in 1853, complainant Batty bought of defendant Warner a lot in the village of Mt. Clemens, with saw mill thereon, for $3750, and gave hack a mortgage for part of the purchase-money; that, in January, 1855, he owed Warner $2331.26 on said mortgage, besides other sums’ in account; he was also otherwise largely indebted, especially to defendant Snook; that in his embarrassment, he applied to Snook and Warner, and put himself into their hands for…
1Opinion of the Court
Manning J.:
The bill in this case is very inartificially drawn; so much so, that, on first reading it over, one is at a loss to know whether it is for the redemption of mortgaged premises, for the specific performance of a contract, or to set aside certain transactions for fraud. We mention this, as the merits of a case may sometimes be overlooked, or lost sight of, by reason of the rubbish under which it is concealed. We think, however, there are sufficient facts stated, when separated from the irrelevant or immaterial matter, to enable us to treat it as a bill to have a certain deed and…
2Cited by24 opinions
- Detroit Trust Co. v. Detroit City Service Co.Michigan Supreme Court · 1933
- Fort v. ColbySupreme Court of Iowa · 1913
- Hazeltine v. GrangerMichigan Supreme Court · 1880
- Gassert v. BogkMontana Supreme Court · 1888
- Nusbaum v. ShaperoMichigan Supreme Court · 1930
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