Ormsby v. Barr
Michigan Supreme Court
Appeal in Chancery from Clinton Circuit. Bela W. Ormsby filed his bill in the Circuit Court for the County of Clinton in Chancery, against Watson J. Barr, to restrain Barr from proceeding to foreclose a mortgage, executed by one Albright to Barr, upon premises, the title to which the complainant claims to have derived from Albright; and praying also that the mortgage may be decreed to be satisfied, and discharged of record.
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Appeal in Chancery from Clinton Circuit. Bela W. Ormsby filed his bill in the Circuit Court for the County of Clinton in Chancery, against Watson J. Barr, to restrain Barr from proceeding to foreclose a mortgage, executed by one Albright to Barr, upon premises, the title to which the complainant claims to have derived from Albright; and praying also that the mortgage may be decreed to be satisfied, and discharged of record. The controversy between the parties is mainly one of fact as to the intent of Albright and Barr in delivering and receiving a quantity of broom' corn, alleged by Albright…
1Opinion of the CourtGraves, J.
In this cause the bill was filed to stay the foreclosure and procure the discharge of a mortgage, on the alleged ground that it had been paid.
It is conceded that one Marvin Albright gave his promissory note to the defendant, Barr, bearing date the 12th of December,. 1864, by which he promised to pay to *476Barr, or the bearer of the note, $110 in one year from the date, with interest at ten per cent., and that on the 19th of the same month, Albright, with his wife Lavina, executed to Barr their mortgage on the northwest quarter of the northwest quarter of section twenty-four, in township six…
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