Wurcherer v. Hewitt
Michigan Supreme Court
Appeal from Clinton Circuit in Chancery. The bill was filed by Wureherer to foreclose a mortgage given to him by defendant, William A. Hewitt, to sfecure tbe purchase price of the mortgaged premises.
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Appeal from Clinton Circuit in Chancery. The bill was filed by Wureherer to foreclose a mortgage given to him by defendant, William A. Hewitt, to sfecure tbe purchase price of the mortgaged premises. The mortgage was dated June 14, 1856, but was not recorded until August 20, 1856. Joseph'W. Hewitt was made a party defendant, together with others, under the general allegation in the bill that be claimed some interest in the premises “as subsequent purchaser, incumbrancer or otherwise.” Joseph W. Hewitt filed an answer, claiming to be a bona fide purchaser of the premises, by deed dated and…
1Opinion of the Court
Martin Ch. J.:
We think the objection that Joseph W. Hewitt was not made a party to the bill in such manner as to put his rights in issue, by the general averment under rule 91 of his being a subsequent purchaser, is well taken. This averment is only to be made where the fact of being a subsequent purchaser or incumbrancer appears by the record. In this case, the record gives the title of Joseph W. Hewitt priority to the mortgage, he having recorded his deed first. In such a case, the rule is that the complainant must file his bill specially — if he seeks to avoid the title thus acquired —…
2Cited by6 opinions
- Moran v. PalmerMichigan Supreme Court · 1865
- Dawson v. Danbury BankMichigan Supreme Court · 1867
- Edwards v. McKernanMichigan Supreme Court · 1885
- Brown v. BrownMichigan Supreme Court · 1882
- Burns v. ShollNebraska Supreme Court · 1924
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