Denk v. Detroit & Security Trust Co.

This is a suit in chancery brought by plaintiff and appellee to secure cancellation of a real estate mortgage given to the defendant Detroit Trust Company and subsequently assigned by it to the defendant Equitable Life Assurance Society of the United States. On grounds hereinafter noted, defendants made a motion to dismiss the bill of complaint. Their motion was denied, and, leave having been granted, they have appealed.

Briefly the circumstances giving rise to this litigation are as follows: The mortgage above referred to was given on homestead property in Wayne county to which plaintiff and…