Barnard v. Jennison
Michigan Supreme Court
Appeal in Chancery from Kent Circuit. This is a bill to redeem from a deed given by way of security, and for an accounting as to the amount due. The defendants had been in possession, receiving the rents, and various other dealings and transactions between the parties, claimed to have a bearing upon the accounting, were introduced in evidence.
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Appeal in Chancery from Kent Circuit. This is a bill to redeem from a deed given by way of security, and for an accounting as to the amount due. The defendants had been in possession, receiving the rents, and various other dealings and transactions between the parties, claimed to have a bearing upon the accounting, were introduced in evidence. The decree established complainant’s right to redeem, and found a balance due from defendants of eight thousand six hundred and fifty-one dollars and ninety-six cents. From this decree the defendants appealed.
1Opinion of the CourtCooley, J.
We are entirely satisfied with the conclusions of the circuit judge on the main questions involved in this case. The conveyance of the Barnard House property to the defendants, though by deed absolute in form, was unquestionably by way of security merely, and the complainants were entitled to redeem.
But the allowance to complainants for the rent of the premises while held by defendants appears to us on the evidence to he excessive. We do not think defendants were exactly in the position of ordinary mortgagees who take possession by way of enforcing their security; they were agents of…
2Cited by1 opinion
- Brill v. CherwinMichigan Supreme Court · 1956