Horton v. Ingersoll
Michigan Supreme Court
Appeal in Chancery from Berrien Circuit. The complainant filed his bill on the lVth day of August, 1868, to foreclose a mortgage bearing date September 8, 1856, made by John S. Ingersoll, one of the defendants, and Arnold P. Lane, (since deceased) to the complainant, to secure the payment of $110. The mortgage was duly recorded.
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Appeal in Chancery from Berrien Circuit. The complainant filed his bill on the lVth day of August, 1868, to foreclose a mortgage bearing date September 8, 1856, made by John S. Ingersoll, one of the defendants, and Arnold P. Lane, (since deceased) to the complainant, to secure the payment of $110. The mortgage was duly recorded. The defendant, Saunders, was made a party to the bill under the clause which is commonly inserted in such bills, and which is in these words: “And your orator expressly charges the fact, that Edward Saunders has, or claims to have, rights and interests in the premises…
1Opinion of the Court
By the Court:
The proceeding which was had for the foreclosure of the second mortgage, whether regular or irregular, had the effect to transfer at least the mortgage interest to the purchaser;' and when he deeded to Saunders, the latter occupied the position of subsequent mortgagee as to Horton, who, in foreclosing his mortgage, was entitled to make him a defendant. The fact that Saunders had also become the holder of a tax title can make no difference. Horton has the right in this suit to foreclose all interests derived from the mortgagor subsequent to his own mortgage; and a claim which a…
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