Miller v. McLaughlin
Michigan Supreme Court
Appeal from Wayne; Hosmer, J. Bill by Sidney T. Miller, trustee, against Joseph R. McLaughlin, Robert J. McLaughlin, Collins B. Hubbard, Anna Georgina Hubbard, George Dingwall, and others, to foreclose certain mortgage securities. From an order overruling demurrers to the bill, defendants Hubbard and Dingwall appeal. This is a suit to foreclose certain mortgage securities. The bill is long, and sets forth in full the various instruments which are the subject of controversy.
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Appeal from Wayne; Hosmer, J. Bill by Sidney T. Miller, trustee, against Joseph R. McLaughlin, Robert J. McLaughlin, Collins B. Hubbard, Anna Georgina Hubbard, George Dingwall, and others, to foreclose certain mortgage securities. From an order overruling demurrers to the bill, defendants Hubbard and Dingwall appeal. This is a suit to foreclose certain mortgage securities. The bill is long, and sets forth in full the various instruments which are the subject of controversy. The following brief statement, however, is sufficient to an understanding of the question raised by the defendants: 1. A…
1Opinion of the CourtGrant, J.
(after stating the facts). One and the same debt is secured by the original mortgage and all the subsequent agreements and deeds set up in the bill of complaint. They are interwoven with each other, and the last agreement made recited them all, and preserves them all in force. All these agreements relate to, and all parties are interested in, the same subject-matter, — some as guarantors, some as having given additional security, and some as subsequent mortgagees or grantees. Besides, Hubbard and Dingwall, by their agreement of July 25th with Beecher and Trowbridge, were personally liable for…
2Cases cited4 opinions
- Maliniemi v. GronlundMichigan Supreme Court · 1892
- Torrent v. HamiltonMichigan Supreme Court · 1893
- Michigan State Bank v. TrowbridgeMichigan Supreme Court · 1892
- Eastern Building & Loan Ass'n v. DentonCourt of Appeals for the Sixth Circuit · 1895
3Cited by4 opinions
- Bernard Damsky, Olga Damsky and Henry Birns v. Honorable Joseph C. Zavatt, United States District Judge for the Eastern District of New YorkCourt of Appeals for the Second Circuit · 1961
- Miller v. McLaughlinMichigan Supreme Court · 1904
- Bernard Damsky, Olga Damsky and Henry Birns v. Honorable Joseph C. Zavatt, United States District Judge for the Eastern District of New YorkCourt of Appeals for the Second Circuit · 1961
- Miller v. McLaughlinMichigan Supreme Court · 1905