Brown v. Avery
Michigan Supreme Court
Appeal from Genesee; Wisner, J. Bill by Charles S. Brown and David Richards, executors of the last will and testament of Benjamin Cotharin, deceased, against Charles R. Avery, Debbie J. Avery, and Edgar J. Osband, to foreclose a mortgage. From a decree for complainants, defendants appeal.
1Opinion of the CourtHooker, J.
Robert E. Wade and wife, Belle F. Wade, held the original title to the land in question. On September 16, 1890, they made a mortgage thereon to Cotharin, complainants’ testator. On April 28,1896, Robert E. Wade and Debbie J. Avery executed a contract, by the terms of which the latter and her husband agreed to purchase, and the former and his wife to sell, the premises for the sum of $600, andvto pay-all taxes that should be thereafter assessed. It was agreed that Avery should have immediate possession of the premises. Mrs. Wade did not sign the contract, though she was described in it as a…
2Cases cited7 opinions
- Connecticut Mutual Life Insurance v. BulteMichigan Supreme Court · 1881
- Avery v. JuddWisconsin Supreme Court · 1866
- Allison v. ArmstrongSupreme Court of Minnesota · 1881
- Horton v. IngersollMichigan Supreme Court · 1865
- Washington Loan & Trust Co. v. McKenzieSupreme Court of Minnesota · 1896
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3Cited by6 opinions
- University of Richmond v. StoneSupreme Court of Virginia · 1927
- Jacobsen v. NieboerMichigan Supreme Court · 1941
- Merchants National Bank of Fargo v. MillerNorth Dakota Supreme Court · 1930
- Chamberlain v. ForbesMichigan Supreme Court · 1901
- Dorff v. BornsteinAppellate Division of the Supreme Court of the State of New York · 1937
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