Swetland v. Swetland
Michigan Supreme Court
The bill in this case was filed to redeem certain premises, which had been conveyed by the assignor of complainant to the defendant, William Swetland, by a deed absolute in form, but which was alleged in the bill of complaint, to be in fact, an equitable mortgage only.
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The bill in this case was filed to redeem certain premises, which had been conveyed by the assignor of complainant to the defendant, William Swetland, by a deed absolute in form, but which was alleged in the bill of complaint, to be in fact, an equitable mortgage only. The complainant claimed as the assignee of a bond, executed by the defendant some time after the execution of said deed or equitable mortgage, whereby the defendant obligated himself to re-convey to said grantor, his heirs, executors, &c., the premises, so by him conveyed or mortgaged in and by said deed, upon certain…
1Opinion of the Court
By the Court,
Wing, J.
It is insisted that the bill should be dismissed, because, as it is claimed, there is a material variance between the bond set forth in the bill, and the bond relied on in evidence. The consideration of the bond after specifying a definite sum of *485money, which was to be paid by the obligee, provides for the payment of a sum of money to be advanced by the obligor for the obligee, but which was not at the date of the bond known to the parties. This last clause is omitted in the stating part of the bill, but we think the defendants are not entitled to a dismissal of the bill…
2Cases cited5 opinions
- Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
- Holmes v. GrantNew York Court of Chancery · 1840
- Kelleran v. BrownMassachusetts Supreme Judicial Court · 1808
- Robinson v. CropseyNew York Court of Chancery · 1837
- Kelly v. ThompsonSupreme Court of Pennsylvania · 1838
3Cited by15 opinions
- Emerson v. AtwaterMichigan Supreme Court · 1859
- McMillan v. BissellMichigan Supreme Court · 1886
- Kerschensteiner v. Northern Michigan Land Co.Michigan Supreme Court · 1928
- Clark v. LandonMichigan Supreme Court · 1892
- Reed v. BondMichigan Supreme Court · 1893
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