Payne v. Avery
Michigan Supreme Court
Appeal in Chancery from Genesee Circuit. The bill in this case was filed in the Circuit Court for the County of Genesee in Chancery, to foreclose a mortgage given, by -the defendant Avery to Payne, to secure the payment of the purchase price of the property described in the mortgage.
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Appeal in Chancery from Genesee Circuit. The bill in this case was filed in the Circuit Court for the County of Genesee in Chancery, to foreclose a mortgage given, by -the defendant Avery to Payne, to secure the payment of the purchase price of the property described in the mortgage. The bond accompanying the mortgage contained conditions not set forth in the latter; and their execution and delivery were preceded by negotiations and contracts between the parties, by which Avery undertook to act as a general agent in the care and sale of the mortgaged property, which contracts the complainant…
1Opinion of the CourtCooley, J.
The bill in this cause sets forth that on January 33, 1856, complainant was seized and possessed in fee simple of a large quantity of land, situated in and adjacent to the city of Flint, which land was what remained unsold of a still larger quantity formerly owned by him, and from which he had made many sales, leaving at that time belonging to him about six hundred acres; that a part of this had been surveyed and platted into lots for building purposes, while another part was valuable for agricultural purposes; that some of the building lots had been built upon and the buildings rented, and…
2Cases cited1 opinion
- Wales v. NewbouldMichigan Supreme Court · 1860
3Cited by27 opinions
- Kukla v. PerryMichigan Supreme Court · 1960
- Miller v. ThompsonMichigan Supreme Court · 1876
- Van Gallow v. BrandtMichigan Supreme Court · 1912
- Zeiser v. . CohnNew York Court of Appeals · 1913
- Bowen v. CommissionerUnited States Tax Court · 1943
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