Briggs v. Kaufman
Circuit Court of the 36th Circuit of Michigan
This action was brought to foreclose a mortgage. The facts as shown by the evidence are as follows : On the 10th day of October, 1865, Isaac W. Willard and Peter Gremps, two of the defendants, were the owners and tenants in common of the premises described in the mortgage which the complainant seeks to foreclose.
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This action was brought to foreclose a mortgage. The facts as shown by the evidence are as follows : On the 10th day of October, 1865, Isaac W. Willard and Peter Gremps, two of the defendants, were the owners and tenants in common of the premises described in the mortgage which the complainant seeks to foreclose. On that day, Kaufman, who held a contract for the sale and purchase of the land, took a deed therefor, paying Willard the sum of about $735, and executing a mortgage to Gremps to' secure his share of the purchase money. On the 11th of October, 1865, at 10 o’clock A. M., this mortgage…
1Opinion of the Court
By the Court,
Brown, J.
I think it is quite clear from the testimony, that as between Mason and Gremps, or between Mason and Briggs, who took the assignment of the mortgage, if the pleadings would warrant it, Equity would require that the mortgage be declared a lien upon the undivided half of the premises retained by Kaufman when he deeded to Mason. There is nothing in the testmony of Kinney, Mason or Gemps, showing what, if any knowledge, Hardee or Lee had as to the equities between Mason and Gremps.
On the 20th of April,. 1871, a stipulation closing proofs was filed, signed by Stephenson &…
2Cases cited6 opinions
- Guion v. KnappNew York Court of Chancery · 1836
- Ayres v. HustedSupreme Court of Connecticut · 1843
- Howard Insurance Co. v. . HalseyNew York Court of Appeals · 1853
- Gormly v. McIntoshNew York Supreme Court · 1856
- Hastings' CaseSupreme Court of Pennsylvania · 1840
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