Dougherty v. Randall
Michigan Supreme Court
Motion for a new trial reserved from Wayne Circuit. This was an action of ejectment. On the trial the plaintiff' introduced and read in evidence certain deeds showing that on the 12th of July, 1838, one Smith' was seized in fee of the premises sought to be recovered.
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Motion for a new trial reserved from Wayne Circuit. This was an action of ejectment. On the trial the plaintiff' introduced and read in evidence certain deeds showing that on the 12th of July, 1838, one Smith' was seized in fee of the premises sought to be recovered. He then introduced and read in evidence a certain mortgage on the same premises, executed by said Smith to himself as security for the payment of a certain sum of money, according to the condition of a certain bond. He next proved the defendant in possession of the premises, and rested. The defendant, to defeat a recovery by the…
1Opinion of the Court
*585By the Court,
Pratt, J.
There is no legal ground upon which the nonsuit submitted to by the plaintiff in this cause can be set. aside, and a new trial granted.
The plaintiff is not entitled to the possession of the mortgaged premises which he seeks to recover; consequently, he has no cause of action. The assignment is valid. It is-full, absolute, and was executed by him for a sufficient, if not a full consideration., He has, therefore, divested himself of all interest which he theretofore had in the bond and mortgage, and consequently of all right which at common law, he otherwise might have…
2Cases cited4 opinions
- Pratt v. Bank of BenningtonSupreme Court of Vermont · 1838
- Main v. First School District in the Second School Society in PrestonSupreme Court of Connecticut · 1846
- Borton v. Baxter ex rel. EnglishIndiana Supreme Court · 1844
- Barringer v. NesbitMississippi Supreme Court · 1843
3Cited by19 opinions
- Hogsett v. EllisMichigan Supreme Court · 1868
- Bernkrant v. FowlerCalifornia Supreme Court · 1961
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- Fulton v. PreddyMichigan Supreme Court · 1900
- McTevia v. Adamo (In Re Atlantic Mortgage Corp.)United States Bankruptcy Court, E.D. Michigan · 1987
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