Legal Opinion
Carpenter v. Osborn
Michigan Supreme Court
Decided December 10, 1895Published
Appeal from Kent; Adsit, J. Dill by Ellen E. Carpenter against James W. Osborn, administrator of the estate of Edwin Byles, deceased, to compel the discharge of a mortgage; and cross-bill by said administrator against said Carpenter and others to foreclose the same. From a decree directing the discharge of the mortgage and dismissing the cross-bill, the administrator appeals.
1Opinion of the CourtLong, J.
This bill was filed to compel the discharge of a real-estate mortgage, and a cross-bill was filed to foreclose the same mortgage. The mortgage was given by complainant, Ellen E. Carpenter, to Edwin Byles April 27, 1876, for the consideration, expressed therein, of $6,000, and contained the following condition:
“Provided ahuays, and these presents are upon this express condition, that, if Norman D. Carpenter, of Grand Rapids, Michigan, shall keep and save the said Edwin Byles free and harmless from all payments and expenses as accommodation indorser for said Norman D. Carpenter and Carpenter,…
2Cases cited2 opinions
- Alpena National Bank v. GreenbaumMichigan Supreme Court · 1889
- Grand Rapids Savings Bank v. DenisonMichigan Supreme Court · 1892