Dusseau v. Roscommon State Bank

This is an action in equity brought by plaintiff mortgagor, to restrain defendant bank from foreclosing a mortgage until the value of a portion of the mortgaged property released by the mortgagee was duly ascertained and credited against the mortgage. Defendant bank counterclaimed for foreclosure. Plaintiff appeals as of right from a judgment of foreclosure in favor of defendant, wherein the value of the land partially released was determined to be $2,500.

Plaintiff claims that the trial court erred in that the market value of the released portion of the mortgaged premises greatly exceeded the…