Adair v. Adair
Michigan Supreme Court
Appeal from Macomb Circuit iu Chancery. The bill was in the ordinary form, for the foreclosure of a mortgage dated February 9th, ÍSSÍ, given by defendant to Samuel Adair, and purporting to be made to secure the payment of $650, in thirteen installments of $50 each; the first to be paid on the first day of April then next, and the remainder semi-annually, commencing on the first day of November then next, with interest.
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Appeal from Macomb Circuit iu Chancery. The bill was in the ordinary form, for the foreclosure of a mortgage dated February 9th, ÍSSÍ, given by defendant to Samuel Adair, and purporting to be made to secure the payment of $650, in thirteen installments of $50 each; the first to be paid on the first day of April then next, and the remainder semi-annually, commencing on the first day of November then next, with interest. The mortgagor covenanted in the mortgage to make these payments. The bill alleged that on the 19th day of May, 183Í, Samuel Adah’, by an instrument in writing set forth at…
1Opinion of the Court
Martin Ch. J.:
This is a bill to foreclose a mortgage given in January, 183Í, by the defendant to one Samuel Adair, who was the father of these parties, and by the said Samuel assigned to this complainant in the month of May following. The mortgage purports to have been given to secure the payment of the sum of $650, in semi-annual. installments of $50 each, with interest, and contains a covenant for the payment *209thereof accordingly. To defeat this action the defendant insists in his answer, 1st, That the mortgage was not, in fact, given to secure the payment of $650, or of any sum of money,…
2Cases cited1 opinion
- Abbott v. Godfroy's HeirsMichigan Supreme Court · 1849
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- Church v. CaseMichigan Supreme Court · 1896
- Johnson v. BrattonMichigan Supreme Court · 1897
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