Converse v. Michigan Dairy Co.
U.S. Circuit Court for the District of Western Michigan
In Equity. On final hearing. The facts in this cause, so far as the same are necessary to an understanding of the subjoined opinion, are as follows: The defendant the Michigan Dairy Company derived its title to’the lands involved in this proceeding from the defendant David P. Clay; a portion of such lands having been conveyed to the dairy company in the year 1884, and the remainder on the 13th day of September, 1886. On the last-mentioned day the dairy company executed a…
Read the full summary
In Equity. On final hearing. The facts in this cause, so far as the same are necessary to an understanding of the subjoined opinion, are as follows: The defendant the Michigan Dairy Company derived its title to’the lands involved in this proceeding from the defendant David P. Clay; a portion of such lands having been conveyed to the dairy company in the year 1884, and the remainder on the 13th day of September, 1886. On the last-mentioned day the dairy company executed a mortgage upon said lands to David P. Clay, to secure the payment of 56 notes of $1,000 each, due six years thereafter. In…
1Opinion of the CourtSeverens, J.
Upon the hearing of this cause tho German Bank of Sheboygan and the Fourth National Bank, defendants, urge and insist that the court cannot adjudicate their rights in the lands mortgaged, because their rights, as asserted, are paramount to those of the mortgagor, and hostile thereto; and it is further insisted by them that an attempt to litigate ihose rights on this foreclosure bill would make the proceeding multifarious. Decisions of the state supreme court are referred to in support of the proposition that upon a bill to foreclose a mortgage only those matters can be litigated which affect…
2Cases cited17 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- Oliver v. PiattSupreme Court of the United States · 1845
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Dial v. ReynoldsSupreme Court of the United States · 1878
- Gordon v. GilfoilSupreme Court of the United States · 1879
12 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Barber v. National Carbon Co.Court of Appeals for the Sixth Circuit · 1904
- Fitchett v. BlowsCourt of Appeals for the Eighth Circuit · 1896
- Kuhn v. MorrisonU.S. Circuit Court for the Northern District of Georgia · 1894
- Griffey v. Magellan Health IncorporatedDistrict Court, D. Arizona · 2021