Baker v. Pierson
Michigan Supreme Court
Questions reserved from the Wayne Circuit Court in Chancery, as follows: , '“2b the Supreme Court of the State of Michigan: “At the hearing before me, on the 17th day of February, a.d. 1859, of the above named causes (both being ordered to be heard together), the following facts were admitted or proved: “That one Lewis Ives, being the owner of certain lands known as the “Dry Dock property,” executed two mortgages thereon: (1) One to David Moore, for $5,000; (2) One to George…
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Questions reserved from the Wayne Circuit Court in Chancery, as follows: , '“2b the Supreme Court of the State of Michigan: “At the hearing before me, on the 17th day of February, a.d. 1859, of the above named causes (both being ordered to be heard together), the following facts were admitted or proved: “That one Lewis Ives, being the owner of certain lands known as the “Dry Dock property,” executed two mortgages thereon: (1) One to David Moore, for $5,000; (2) One to George F. Turner, for $3,000. “Ives afterwards conveyed the land to Sylvester Lamed, who executed mortgages thereon as…
1Opinion of the Court
Manning J.:
Pierson claims a right to. redeem on paying Baker what he paid for the premises at the sale in the Moore foreclosure suit. This he clearly has no right to do. The fore*531closure was in chancery, and not at law, under a power of sale in the mortgage, where the statute gives the mortgagor and his grantees a right to redeem at any time within a year after the sale. In chancery the sale is absolute, and the purchaser takes a good title against all parties to the suit. In other words, he takes the several interests of each in the land. It is this he purchases, and not a right in the land…
2Cases cited4 opinions
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
- Haines v. BeachNew York Court of Chancery · 1818
- Broome v. BeersSupreme Court of Connecticut · 1826
- Little v. LesiaMichigan Supreme Court · 1858
3Cited by6 opinions
- Whitehead v. Fisher, Garrity & HueyTexas Supreme Court · 1885
- Powers v. Golden Lumber Co.Michigan Supreme Court · 1880
- Titus v. CavalierMichigan Supreme Court · 1936
- Walsh v. RobinsonMichigan Supreme Court · 1903
- National Acceptance Co. v. MardigianDistrict Court, E.D. Michigan · 1966
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