Rodgers v. Robson
Michigan Supreme Court
Appeal, from Clinton; Searl, J. Bill by Daniel S. Rodgers against John H. Robson, executor of the last will and testament of David A. Hayt, deceased, to foreclose a mortgage. From a decree dismissing the bill, complainant appeals. This is a suit brought to foreclose a mortgage dated December 5, 1883. It was given to secure a note for $550, executed by the defendant’s testate, and was payable December 5, 1888. The record does not show the date of filing the bill.
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Appeal, from Clinton; Searl, J. Bill by Daniel S. Rodgers against John H. Robson, executor of the last will and testament of David A. Hayt, deceased, to foreclose a mortgage. From a decree dismissing the bill, complainant appeals. This is a suit brought to foreclose a mortgage dated December 5, 1883. It was given to secure a note for $550, executed by the defendant’s testate, and was payable December 5, 1888. The record does not show the date of filing the bill. It was heard in open court March 24, 1906, and decree entered April 23, 1906, dismissing the bill. It is conceded that the mortgage…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The statute on the subject (3 Comp. Laws, § 9725) reads as follows:
*658“No suit or proceeding shall be maintained to foreclose a mortgage on real estate, either at law or in equity, unless commenced within fifteen years from and after such mortgage shall be due and payable, or within fifteen years after the last payment was made on said mortgage.”
Payment implies that the payor has parted with money or other valuable thing, and that the payee has received it in part liquidation of the debt. It is not indorsement that satisfies the statute. It is actual payment.…
2Cases cited8 opinions
- Blanchard v. BlanchardMassachusetts Supreme Judicial Court · 1877
- Halladay v. WeeksMichigan Supreme Court · 1901
- Currier v. LockwoodSupreme Court of Connecticut · 1873
- Throop v. RussellMichigan Supreme Court · 1906
- Carr v. CarrMichigan Supreme Court · 1904
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