Thorne v. Hilliker
Michigan Supreme Court
Appeal in chancery from Lapeer Circuit. The bill was filed for the foreclosure of a mortgage. Birdsall, one of the defendants, answered, denying that there was any thing due on the mortgage when the suit was commenced. The bill was taken as confessed by the other. defendants.
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Appeal in chancery from Lapeer Circuit. The bill was filed for the foreclosure of a mortgage. Birdsall, one of the defendants, answered, denying that there was any thing due on the mortgage when the suit was commenced. The bill was taken as confessed by the other. defendants. The case being referred to a circuit court commissioner to report the amount due, he made a report showing that the interest due at the time suit was commenced had all been paid, and by the terms of the mortgage no part of the principal was yet due. No exception was taken to this report, hut, on the hearing in the…
1Opinion of the Court
Campbell J.:
In this case the commissioner’s report, stating the amount due on a mortgage, shows that the principal was not due until after the bill was filed, and that no interest was then unpaid, the interest accruing up to that time being stated to have been paid. Complainant did not except to this report, nor did he object to it; but allowed it to stand as the foundation of his claim to a decree. He can not now, by evidence, or by asking this Court to inspect the documents, rid himself of the effect of this action. He is bound by the report which he has adopted, and the defendant has a…
2Cited by2 opinions
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