Benedict v. Thompson
Michigan Supreme Court
Appeal from Chancery. The bill in this case was filed by Benedict, to foreclose a mortgage executed by Thompson, October 10, 1837. In August, 1842, the chancellor made a decree requiring the mortgaged premises to be appraised, set off, and conveyed to the complainant, by and under direction of a master, pursuant to the appraisal law of February 17, 1842 (S. L. 1842, p. 136). On the 4th September, 1843, the master filed his report showing an appraisal and set off of the…
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Appeal from Chancery. The bill in this case was filed by Benedict, to foreclose a mortgage executed by Thompson, October 10, 1837. In August, 1842, the chancellor made a decree requiring the mortgaged premises to be appraised, set off, and conveyed to the complainant, by and under direction of a master, pursuant to the appraisal law of February 17, 1842 (S. L. 1842, p. 136). On the 4th September, 1843, the master filed his report showing an appraisal and set off of the mortgaged premises, and conveyance thereof to, and acceptance by the complainant ; and, on the 9th of July, 1844, the…
1Opinion of the CourtWhipple, J.
1. The first question which is presented for our deter-mination is, whether the appeal in this case is well taken. The statute (R. S. 1838, p. 379, <§§ 121,125,) provides that “ any person, complainant or defendant, who may think himself aggrieved by the decree or final order of the court of chancery, may appeal therefrom to the'supreme court and that “upon any order or decree being brought by appeal to the supreme court, that court shall examine all errors that shall be assigned or found in such order or decree, ” &c. Some difficulty has arisen in giving a construction to this statute.…
2Cases cited2 opinions
- Ray v. LawSupreme Court of the United States · 1805
- Bank of Orange County v. FinkNew York Court of Chancery · 1838
3Cited by3 opinions
- Pratt v. DavisMichigan Supreme Court · 1895
- Farmers' Bank v. QuickMichigan Supreme Court · 1888
- Miller v. McLaughlinMichigan Supreme Court · 1904