Gray v. Franks
Michigan Supreme Court
Appeal from Mackinac. (Steere, J.) Bill to foreclose a mortgage. Defendant Mary E. Franks appeals. The facts are stated in the opinion.
1Opinion of the CourtGrant, J.
This is a bill filed by complainants as executors of the will of one Ralph Sellew, to foreclose a mortgage executed by Edward 'A. Franks and Mary E. Franks, his wife. Decree was rendered for complainants, and the defendant Mary E. Franks alone appeals.
Several objections are raised to the right of the complainants to maintain the suit, which will be first considered.
1. Edward A. Franks, the mortgagor; died before the commencement of this suit. His children were made parties defendant, but the bill did not allege them to be his heirs at law. It alleges that they and other persons mentioned…
2Cases cited1 opinion
- Richards v. PierceMichigan Supreme Court · 1880
3Cited by5 opinions
- Stewart v. HuntMichigan Supreme Court · 1942
- Jacobsen v. NieboerMichigan Supreme Court · 1941
- Whiting v. NeumanMichigan Court of Appeals · 1968
- Olsen v. MerrillUtah Supreme Court · 1931
- Caple v. SwitzerMichigan Supreme Court · 1900