Smith v. Sprague

Defendant and her husband, Thomas S. Sprague, owned a parcel of land in Oakland county, taking title in 1908, which has, as stated by the trial judge,

“been the subject of many mortgages executed by them, in fact there had, so to speak, been a continual round of mortgages, contemporaneous discharges of old mortgages and recording of new ones with occasional foreclosures and redemptions down to the transaction in dispute.”

In October, 1919, a certain mortgage known as the Wetherbee mortgage in the principal sum of $5,000 was due and foreclosure threatened. There was another mortgage, not…