Commercial National Bank v. Gaukler
Michigan Supreme Court
Appeal from Wayne; Mandell, J. Bill by the Commercial National Bank against Josephine Gaukler to foreclose a mortgage. From a decree for complainant, defendant appeals. This is an appeal from a decree of foreclosure.
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Appeal from Wayne; Mandell, J. Bill by the Commercial National Bank against Josephine Gaukler to foreclose a mortgage. From a decree for complainant, defendant appeals. This is an appeal from a decree of foreclosure. The record shows that the bill was filed March. 28, 1908. Defendant was personally served with process on April 1, 1908, and the bill was taken as confessed April 17, 1908. On the same day complainant received from defendant a payment, in consideration of which it executed a discharge of the mortgage as to part of the mortgaged premises, and thereafter and on May 7, 1908, it…
1Opinion of the CourtBrooke, J.
(after stating the facts). Defendant’s position, as defined by her counsel, is as follows:
“It is, on the other hand, contended on behalf of defendant and appellant, that, by the transaction of April 17, 1908, she was entitled, as a matter of fact and agreement, (a) to have the bill dismissed, and an extension of time, in order to make an advantageous sale of the remainder of the property mortgaged, in parcels, unhampered by pending foreclosure of the mortgage which did not contain a release clause; and, as matter of law, (6) that it was improper for the complainant to take the original bill…
2Cases cited2 opinions
- Jehle v. BrooksMichigan Supreme Court · 1897
- Harris v. DeitrichMichigan Supreme Court · 1874
3Cited by2 opinions
- South Amboy Trust Co. v. McMichael Holdings, Inc.New Jersey Court of Chancery · 1947
- Radford v. GauklerMichigan Supreme Court · 1917