Gregory v. Stanton
Michigan Supreme Court
Appeal in Chancery from Genesee Circuit. The bill was filed against Elijah Stanton and Stanton* E. Reed, to foreclose a mortgage given by said Stanton on two parcels of land. The bill was taken as confessed by Stanton. Reed, who was made a party as a subsequent incumbrancer, answered, disclaiming as to one parcel, and claiming the other by a title paramount to the mortgage.
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Appeal in Chancery from Genesee Circuit. The bill was filed against Elijah Stanton and Stanton* E. Reed, to foreclose a mortgage given by said Stanton on two parcels of land. The bill was taken as confessed by Stanton. Reed, who was made a party as a subsequent incumbrancer, answered, disclaiming as to one parcel, and claiming the other by a title paramount to the mortgage. The Court below made the usual decree, for the sale of' the parcel as to which Reed disclaimed, on the failure by Stanton to pay the amount due and costs by a day named.. Reed appealed, claiming that the Court below should…
1Opinion of the Court
Manning J.:
Reed, the appellant, was made a party to the foreclosure as subsequent incumbrancer. The mortgage was of two-pieces of land. Reed answered, claiming one of them by a title paramount to the mortgage, and a decree was taheñas to the other in which he disclaimed having any interest. He was under the necessity of appearing and answering to protect his interest in the piece that was dropped. The Court, we think, should have dismissed the bill as to him, with costs.
The decree is affirmed as to Stanton, the mortgagor,, and reversed as to Reed, and the bill as to him dismissed,, with costs…
2Cited by2 opinions
- Kayser v. HeavenrichSupreme Court of Kansas · 1870
- Smith v. HunterCourt of Appeals of Kansas · 1896