Bogart v. Phillips
Michigan Supreme Court
Appeal from St. Clair; Vance, J. Bill by Belmont D. Bogart, administrator of the estate of Adam W. Bogart, deceased, against Abram Phillips, Bostwick R. Noble, and John Holden, to foreclose a mortgage. Foreclosure was awarded, but a personal decree against the defendant Noble was refused. Complainant appeals.
1Opinion of the CourtMontgomery, J.
This is a bill filed to foreclose a mortgage made by Phillips to Adam W. Bogart, complainant’s intestate, on the 13th of October, 1887. About February 13, 1889, Bogart had brought suit against Phillips to recover about $300 interest then due, and, by *698appointment, Phillips was to meet Bogart at Port Huron and settle up this back interest. Phillips went to Noble, and borrowed $300 from him to pay Bogart, giving Noble his note and a deed of the land covered by the mortgage to Bogart. It was agreed between Phillips and Noble that Phillips should come to Port Huron and make the settlement with…
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- Schmitt v. MerrimanAppellate Court of Illinois · 1902
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