Watson v. Thurber
Michigan Supreme Court
Appeal in Chancery from Ingham Circuit. The bill was filed to foreclose a mortgage given by said Louisa Thurber on her sole property, to secure a debt of Caleb Thurber, ber husband. The mortgage bore date January 6, ÍSS?, and its acknowledgment was taken by John Marble, a justice of the peace, who certified that she' acknowledged separate and apart from her husband, that she had executed it freely, and without fear or compulsion of any one.
Read the full summary
Appeal in Chancery from Ingham Circuit. The bill was filed to foreclose a mortgage given by said Louisa Thurber on her sole property, to secure a debt of Caleb Thurber, ber husband. The mortgage bore date January 6, ÍSS?, and its acknowledgment was taken by John Marble, a justice of the peace, who certified that she' acknowledged separate and apart from her husband, that she had executed it freely, and without fear or compulsion of any one. A decree of foreclosure having been taken by default, Mrs. Thurber afterwards obtained an order opening the decree, and giving her leave to defend. She…
1Opinion of the Court
Campbell J.:
The defense in this case is based upon the claim that the mortgage which was given by Mrs. Thurber on her *470own property (her husband joining with her) as security for his debt was not fully executed and acknowledged. There is no legal objection to the making by a wife of a mortgage to secure her husband’s debts. And under the act of 1855, a wife can make such a mortgage in the same manner and with the same effect as if unmarried. The peculiar acknowledgment formerly required is not now requisite where she conveys her own estate.
We do not think the defense of undue influence or…
2Cited by6 opinions
- De Vries v. ConklinMichigan Supreme Court · 1871
- Farmers & Merchants National Bank & Trust Co. v. Globe Indemnity Co.Michigan Supreme Court · 1933
- Marx v. BellelMichigan Supreme Court · 1897
- Peoples Wayne County Bank v. WesolowskaMichigan Supreme Court · 1931
- Federal Bond & Mortgage Co. v. GoldmanMichigan Supreme Court · 1926
1 more not listed; retrieve them via the Exa API.