Frost v. Atwood
Michigan Supreme Court
Appeal from Kalamazoo. (Hooker, J., presiding.)- Bill to declare purchase' money, paid for land sold by an executor under a void license, a lien on the land. Complainants appeal. The facts are stated in the opinion. 1. A purchaser at a void foreclosure sale, or his vendee, is subrogated in equity to all the rights of the original mortgagee, and such a sale does not extinguish the mortgage; citing Jones, Mtg. §§ 874 — 877 et seq., and authorities cited, French u.
Read the full summary
Appeal from Kalamazoo. (Hooker, J., presiding.)- Bill to declare purchase' money, paid for land sold by an executor under a void license, a lien on the land. Complainants appeal. The facts are stated in the opinion. 1. A purchaser at a void foreclosure sale, or his vendee, is subrogated in equity to all the rights of the original mortgagee, and such a sale does not extinguish the mortgage; citing Jones, Mtg. §§ 874 — 877 et seq., and authorities cited, French u. DeBow, 38 Mich. 708; Lockwood v. Bassett, 49 Id. 546. .2. Where an innocent purchaser at an éxecution sale gets nothing by his…
1Opinion of the CourtCampbell, J.
The bill of complaint in this cause was filed to establish a claim under a probate sale, which has been twice declared absolutely void by this Court, as illegal, and not merely irregular. Atwood v. Frost, 51, *70Mich. 360 (16 N. W. Rep. 685), 59 Id. 409 (26 N. W. Rep. 655.) Those were ejectment suits, in which Mrs. Atwood, the owner of the land, had been summarily ousted, and was driven to her action to regain possession. After her title was legally vindicated this bill was filed against her, based entirely on alleged equities claimed to have arisen in favor of the purchaser under the void…
2Cases cited9 opinions
- Wright v. EllisonSupreme Court of the United States · 1864
- Bennett v. NicholsMichigan Supreme Court · 1863
- Durfee v. AbbottMichigan Supreme Court · 1883
- Detroit Fire & Marine Insurance v. AspinallMichigan Supreme Court · 1882
- Rowley v. TowsleyMichigan Supreme Court · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bird v. PopeMichigan Supreme Court · 1889
- Alter v. JohnsonSupreme Court of Kansas · 1929
- Dehn v. DehnMichigan Supreme Court · 1912
- Carmichael v. ArmsIndiana Court of Appeals · 1912
- Beith v. PorterMichigan Supreme Court · 1899
13 more not listed; retrieve them via the Exa API.