Dayton v. Dayton
Michigan Supreme Court
Appeal from Ingham, f Grid ley, J.) Bill filed to discharge a mortgage, and for the statutory penalty, etc. Both parties appeal. The facts are stated in the opinion.
1Opinion of the CourtChamplin, J.
The dispute in this case arises over the amount claimed by the defendant to be due upon a certain bond and mortgage.
Complainant became purchaser of the land subsequent to the mortgage, and he claims that two items — one of $185, and another of $150 — should be applied and indorsed thereon. Acting upon this claim, he made a tender to the defendant of the balance due upon the mortgage, taking out the *438amount of the two item?, and demanded a discharge. The-tender was refused. Complainant thereupon filed this bill of complaint, praying to have the mortgage declared extinguished and void, and…
2Cited by2 opinions
- Johnson v. PolhemusCalifornia Supreme Court · 1893
- Smith v. WaalkesMichigan Supreme Court · 1896