Cohen v. Home Life Insurance

{dissenting). The facts in this case are not in dispute:

“The plaintiff is the owner of the following described property: Lot 40 Virginia Park subdivision of part of quarter section 55, 10,000-acre tract, according to the plat thereof as recorded in liber 28 on page 80 of plats, and being known as 1469 and 1471 Virginia Park, in the city of Detroit, county of Wayne and State of Michigan. That the defendant, the Home Life Insurance Company, a New York corporation, has a mortgage on said premises which mortgage is dated March 9, 1928, and is for the sum of $9,000. That the plaintiff is a…