Noeker v. Howry
Michigan Supreme Court
Appeal from Wayne; Grove, J., presiding. Bill by Joseph and Mary Noeker against H. Kirke Howry and others to foreclose a mortgage. Thomas A. E. Weadock, receiver of the First National Bank of East Saginaw, petitioned for a review of the decree of foreclosure, and from a denial of the petition he appeals.
1Opinion of the CourtHooker, J.
H. Kirke Howry made his mortgage to Joseph and Mary Noeker. It contained the usual tax clause. He afterwards deeded the premises to Brewer, who in turn made a mortgage to Goodwillie, trustee for the First National Bank of East Saginaw, the State Savings Bank of Detroit, and the Saginaw County Savings Bank, to secure several claims held by them. The mortgage to the Noekers was foreclosed, decree being filed March 35, 1898. Previous to'the foreclosure, the three banks had agreed among themselves that they would pay interest and taxes upon the land, and, if the first mortgage should be…
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