Legal Opinion

Anderson v. Baughman

Michigan Supreme Court

Decided July 13, 1859PublishedCited by 15 opinions

Appeal in Chancery from Wayne Circuit. '■ The bill alleges that, on November 5th, 1855, John C. Baughman, and John E. King, as principals, and Bela Hubbard, as surety, gave to James L. Lyell a bond in the penal sum of $20,000, conditioned for the payment of $10,000 in one year from the date thereof; that, in order to secure the payment of said bond, Baughman and King gave to Lyell a mortgage on premises described as all that piece or parcel of land situate in Springwells,…

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Appeal in Chancery from Wayne Circuit. '■ The bill alleges that, on November 5th, 1855, John C. Baughman, and John E. King, as principals, and Bela Hubbard, as surety, gave to James L. Lyell a bond in the penal sum of $20,000, conditioned for the payment of $10,000 in one year from the date thereof; that, in order to secure the payment of said bond, Baughman and King gave to Lyell a mortgage on premises described as all that piece or parcel of land situate in Springwells, Wayne County, Michigan, known as lot four (but which is described, by mistake or inadvertence, in said mortgage, as being…

1Opinion of the Court

Chrjstiancy J.:

The first, and, as we think, the only question in this case, is, whether the description of the premises in the mortgage from Baughman & King to Lyell, when considered in connection with the plats and extrinsic evidence of facts upon the ground, and referred to in the mortgage, is sufficient to identify lot No. four, on that part of the La Fontaine Farm between the River Road and the Detroit River, as shown by the plat, and claimed by the bill?

The description in the mortgage is as follows: “All *74that certain, piece or parcel of land situate in Springwells, Wayne County,…

2Cited by15 opinions

  1. Klever v. KleverMichigan Supreme Court · 1952
  2. Slater v. BreeseMichigan Supreme Court · 1877
  3. Stamp v. SteeleMichigan Supreme Court · 1920
  4. Moran v. LezotteMichigan Supreme Court · 1884
  5. Schweiss v. WoodruffMichigan Supreme Court · 1889

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