Baker v. Pierson
Michigan Supreme Court
Appeal from Wayne Circuit in Chancery. On the 7th of October, 1856, David Moore filed his bill • to foreclose a mortgage given January 17th, 1858, by Lewis Ives, on' land in Springwells. Ives, after giving another mortgage on the premises, conveyed them to Sylvester Larned, who gave three other mortgages thereon — the last being to the 'respondent Pierson.
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Appeal from Wayne Circuit in Chancery. On the 7th of October, 1856, David Moore filed his bill • to foreclose a mortgage given January 17th, 1858, by Lewis Ives, on' land in Springwells. Ives, after giving another mortgage on the premises, conveyed them to Sylvester Larned, who gave three other mortgages thereon — the last being to the 'respondent Pierson. Pierson’s mortgage was dated July 29th, 1856, but not acknowledged or recorded until after Moore commenced the foreclosure of his. No notice of Us pendens was filed in the suit brought by Moore, but Larned, and all the subsequent mortgagees…
1Opinion of the Court
Manning J.:
This is an appeal from an order denying a writ of assistance to put a purchaser at a mortgage sale in possession of the premises.
*460Two questions are presented for tbe consideration of tbe Court: Mrst, Whether an appeal will lie in the case; Second, Whether the appellant has made out a case entitling him to the writ.
We think the appeal will lie, unless it was discretionary-in the Court below to grant or refuse the writ, as it might think proper. In this sense it was not discretionary; but it was discretionary in the sense in which the granting or refusing of an injunction is…
2Cited by18 opinions
- Hogsett v. EllisMichigan Supreme Court · 1868
- Hazeltine v. GrangerMichigan Supreme Court · 1880
- Nusbaum v. ShaperoMichigan Supreme Court · 1930
- Pratt v. DavisMichigan Supreme Court · 1895
- Ferris v. WilcoxMichigan Supreme Court · 1883
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