Legal Opinion

Mundy v. Monroe

Michigan Supreme Court

Decided January 15, 1848PublishedCited by 27 opinions

Case reserved from Jackson Circuit Court. Ejectment for lots 3 4, 5, and a part of 6, in the village of Jackson, tried before the Hon. Warner Wing, in May, 1846. The facts are stated in the opinion of the court.

1Opinion of the Court

By the court,

Miles, J.

The plaintiff held a mortgage for a portion of the purchase money, on a sale of the premises to one Paul B. Ring, under whom the defendant claims title.

On the trial, the plaintiff, to establish a statute foreclosure of this mortgage, offered in evidence an affidavit of the publication and posting up of a notice,of sale, commencing in June, 1838, and continued for *69twelve weeks. This affidavit was made and sworn to in May, 1846. Its reception as evidence was objected to by the defendant.

By the consent of the defendant, a verdict was taken for the plaintiff, subject to the…

2Cases cited2 opinions

  1. McCulloch v. MarylandSupreme Court of the United States · 1819
  2. Hughes v. EdwardsSupreme Court of the United States · 1824

3Cited by27 opinions

  1. Langever v. MillerTexas Supreme Court · 1934
  2. People v. MarchMichigan Supreme Court · 2016
  3. People v. LambertMichigan Supreme Court · 1858
  4. Birkhofer v. KrummCalifornia Court of Appeal · 1938
  5. Commonwealth v. GagneMassachusetts Supreme Judicial Court · 1891

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