Old Second National Bank v. Alpena County Savings Bank
Michigan Supreme Court
Appeal from Alpena; Kelley, J. Bill by the Old Second National Bank of Bay City and Orrin Bump, trustee, against the Alpena County Savings Bank, Austin W. Mitchell, and John Millen, for the specific performance of a land contract. From a decree dismissing the bill, complainants appeal. Reversed as to defendant bank.
1Opinion of the CourtHooker, J.
On December 8,1891, Austin W. Mitchell, being the owner in fee of the premises described in the bill of complaint, sold them, upon a written executory contract, to Mosher & Son and Alvin Maltby. Prior to their disposal of their interest, they paid upwards of $90,000 of the purchase price, besides interest. On October 11, 1895, Maltby and wife quitclaimed their interest in the premises to the Old Second National Bank, and on October 15, 1895, Mosher & Son assigned their interest to Bump, which appears to have been for the benefit of said bank; and it seems to be understood by counsel that…
2Cited by6 opinions
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- Edwards v. WirtzOregon Supreme Court · 1941
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