Legal Opinion
Gruner v. Brooks
Michigan Supreme Court
Decided May 7, 1901PublishedCited by 3 opinions
Appeal from Ogemaw; Sharpe, J. Bill by Leonhard Gruner and Caroline P. Ellis, executors of the last will and testament of Joseph J. Ellis, deceased, against Hiram Brooks and Sarah Brooks, in aid of execution. From a decree for complainants, defendants appeal.
1Opinion of the Court
Montgomery, O. J.
This is a bill filed in aid of an execution issued on a deficiency decree. From a decree in favor of complainants, defendants appeal.
The facts are not complicated. In August, 1896, complainants filed a bill to foreclose a mortgage on the N. W. i of section 19, town 24 N., range 3 E., known in these proceedings as the “Stottle Farm.” Defendant Hiram Brooks testified as to his purposes at this time as follows:
“I presume there was some talk of foreclosing the mortgage. I talked with French several times. I was paying 10 per cent, interest on that mortgage, and I paid 10 per…
2Cases cited2 opinions
- Wooden v. WoodenMichigan Supreme Court · 1888
- Michigan Trust Co. v. AdamsMichigan Supreme Court · 1896
3Cited by3 opinions
- Crane v. WaldronMichigan Supreme Court · 1903
- L. Starks Co. v. EppinkMichigan Supreme Court · 1915
- Wilcox v. HammondMichigan Supreme Court · 1901