Ferris v. Wilcox
Michigan Supreme Court
Error to St. Joseph. (Pealer, J.) Ejectment. Defendant brings error. Where a deed and defeasance are executed together, they are considered one instrument : Powell on Mortgages 67, and have the effect of a mortgage: Brookway v. Wells 1 Paige 617; Monty ornery v. /Sped 55 Cal. 352.
1Opinion of the CourtCooley, J.
On October 19, 1878, defendant was the owner of a parcel of land containing thirty acres, situate in the county of St. Joseph. The land was encumbered by *106two mortgages, then overdue and owned by the plaintiffs,, amounting to seven hundred and eighteen dollars and seventy-six cents. On the day named defendant executed to the plaintiffs a warranty deed of the land, and it appears to be-assumed in the case, though not directly proved, that the notes which the mortgages secured were given up and can-celled. On receiving the deed plaintiffs executed and delivered to defendant a contract, a copy of…
2Cases cited21 opinions
- Wetherbee v. GreenMichigan Supreme Court · 1871
- Odell v. . MontrossNew York Court of Appeals · 1877
- Pardee v. . TreatNew York Court of Appeals · 1880
- Caruthers v. HumphreyMichigan Supreme Court · 1864
- Davis v. Rock Creek L. F. & M. Co.California Supreme Court · 1880
16 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Gassert v. BogkMontana Supreme Court · 1888
- McMillan v. BissellMichigan Supreme Court · 1886
- Kellogg v. Kellogg Toasted Corn Flake Co.Michigan Supreme Court · 1920
- Marcus v. HullSupreme Court of Florida · 1939
- Ardis v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1918
10 more not listed; retrieve them via the Exa API.