Shelden v. Erskine
Michigan Supreme Court
Appeal from Sanilac. (Moore, J., presiding.) Bill to foreclose a mortgage. Complainants Allan Shelden & Co., and defendants Montague and Wheat, appeal from the decree of foreclosure as entered in the lower court. The facts are stated in the opinion.
1Opinion of the CourtCampbell, J.
This foreclosure suit was brought to *630obtain a foreclosure and sale of a mortgage given by defendants Erskine and their wives in favor of a large list of creditors. The mortgage was dated April 1, 1876, and made to all the secured creditors directly. It was conditioned to pay the sum of $31,617, in specified sums, to each separate creditor, in three installments, at 1 year, 18 months, and 2 years, respectively, with 10 per cent, interest. It contained the usual power of sale, and in no way differed from ordinary individual mortgages.
By an omission which we have had reason to censure several…
2Cases cited6 opinions
- Michigan Insurance v. BrownMichigan Supreme Court · 1863
- Johnson v. ShepardMichigan Supreme Court · 1876
- Mickle v. MaxfieldMichigan Supreme Court · 1879
- Ransom v. SutherlandMichigan Supreme Court · 1881
- McCrickett v. WilsonMichigan Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kelly v. GauklerMichigan Supreme Court · 1911
- Bleakley v. Oakwayne Farms Co.Michigan Supreme Court · 1933
- Breathwit v. Bank of FordyceSupreme Court of Arkansas · 1894
- Continental-equitable Title & Trust Co. v. National Properties Co.District Court, D. Delaware · 1921
- Prentis v. Richardson's EstateMichigan Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.