James v. Brown
Michigan Supreme Court
Appeal from Wayne Circuit in Chancery. The bill was filed against John Brown and Emma his wife, Uzziel Dunham and Walter C. Skiff, to foreclose a mortgage given January 21, 1855, by Brown and wife to Enoch James, to secure the payment of $13,000 in three payments, at three, four and five years respectively, with interest, for which notes were given.
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Appeal from Wayne Circuit in Chancery. The bill was filed against John Brown and Emma his wife, Uzziel Dunham and Walter C. Skiff, to foreclose a mortgage given January 21, 1855, by Brown and wife to Enoch James, to secure the payment of $13,000 in three payments, at three, four and five years respectively, with interest, for which notes were given. This mortgage was upon lot 39 in section number Y of the Governor and Judges’ plan of the city of Detroit, and was assigned to complainant January 19, 1858. The bill states that, before such assignment, and on January 21, 185Y, Enoch James…
1Opinion of the Court
Manning J.:
Complainant, who is also appellant, insists that the decree of the Court below in his favor is erroneous in two particulars:
1st. In not allowing a larger sum to be due him on the mortgage.
2d, In making the decree in his favor subject to Skiff’s interest in the Durham mortgage.
The consideration of the mortgage the bill is filed to foreclose, was $6,500 cash, and $6,500 in satinet at fifty cents per yard. The satinet was afterwards delivered, but it was not worth over twenty-five or twenty-seven cents per yard, as appears by the testimony; and the question is whether it was to be…
2Cited by15 opinions
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- Corey v. SmalleyMichigan Supreme Court · 1895
- Birnie v. MainSupreme Court of Arkansas · 1874
- Ives v. WilliamsMichigan Supreme Court · 1883
- Webster v. Ypsilanti Canning Co.Michigan Supreme Court · 1907
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