Carr v. Carr
Michigan Supreme Court
Appeal from Calhoun; Hopkins, J. Bill by Mary E. Carr and others against Hugh Carr to restrain the foreclosure of a mortgage. Defendant filed an answer in the nature of a cross-bill asking for the foreclosure of said mortgage. From a decree for defendant for less than the amount claimed, he appeals.
1Opinion of the CourtMoore, C. J.
December 20, 1873, James Carr made a mortgage to his brother, Hugh Carr, the defendant, for the sum of $1,400, due seven years from date, with interest at 10 per cent, per annum. April 15, 1902, James Carr died intestate, leaving the complainants, Mary E. - Carr, his widow, William Carr, his son, and Eva Elwell, a daughter, as his only heirs surviving. November 20, 1902, defendant commenced foreclosure of the mortgage *398by newspaper advertisement. January 24, 1903, complainants filed this bill, obtained an injunction restraining the foreclosure proceedings at law, alleging the mortgage was…
2Cases cited1 opinion
- Rumsey v. Settle's EstateMichigan Supreme Court · 1899
3Cited by4 opinions
- Hertzberg & Noveck v. Ira J. SpoonCourt of Appeals for the Sixth Circuit · 1982
- Glass v. DrieborgMichigan Supreme Court · 1941
- Newton v. FreemanMichigan Supreme Court · 1921
- Rodgers v. RobsonMichigan Supreme Court · 1907