Armitage v. Toll
Michigan Supreme Court
Appeal from Monroe. (Joslin, J.) Bill filed to foreclose a mortgage on a homestead and other land, and a second mortgagee of the other land appeals from a decree directing the sale of the homestead after her security is exhausted. The facts are stated in the opinion.
1Opinion of the CourtSherwood, J.
James Davenport, on the twelfth day of December, 1863, owned 100 acres of land lying in Monroe county, and upon which he and his wife, Louisa, had lived since 1855.
The road ran east and west through the farm, leaving about 40 acres on one side, upon which the buildings were erected, and which constituted his homestead, and 60 acres on the other. At that date James and his wife gave a mortgage upon the entire 100 acres, upon which it is claimed there was due, April 21, 1886, §1,080.58. This mortgage was duly assigned to James Armitage, the complainant in this case.
On the ninth day of February,…
2Cases cited3 opinions
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- Southern Michigan National Bank v. BylesMichigan Supreme Court · 1887
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