Brown v. Hayes
Michigan Supreme Court
Appeal from St. Clair; Law, J. Bill by Jefferson G. Brown against Mary Hayes and Richard Hayes to foreclose a mortgage. From a decree dismissing the bill, complainant appeals.
1Opinion of the CourtMontgomery, J.
This is a bill filed to foreclose a mortgage given to secure a note, of which defendants (husband and wife) were joint makers,' dated June 19, 1879, due three years after date. The mortgage and note were given to Delemere Brown, who died in May, 1902. The complainant has succeeded to the rights of the mortgagee.
The defense of the statute of limitations is obviously good, unless by payments made and indorsed on the mortgage or note the obligation has been kept alive. Indorsements appear to have been made from time to time, but the evidence to connect the defendants with the payments which the…
2Cases cited4 opinions
- Cross v. AllenSupreme Court of the United States · 1891
- Mainzinger v. MohrMichigan Supreme Court · 1879
- Perkins v. CheneyMichigan Supreme Court · 1897
- Curtiss v. PerryMichigan Supreme Court · 1901
3Cited by5 opinions
- Hiscock v. HiscockMichigan Supreme Court · 1932
- Macaulay v. SchurmannHawaii Supreme Court · 1914
- Guardian Depositors Corp. v. WagnerMichigan Supreme Court · 1938
- Gerweck v. Monroe County TreasurerMichigan Supreme Court · 1947
- Campbell v. CampbellMichigan Court of Appeals · 1980