Rogers v. Day
Michigan Supreme Court
Appeal from Muskegon; Russell, J. Bill by Jesse Rogers against Albert G. Day to set aside a mortgage. From a decree for complainant, defendant appeals. Bill to set aside a mortgage executed by one Isaac Louw to defendant for $100, dated September 20, 1880, on the ground that the land mortgaged was a homestead, and the mortgage was not signed by the wife.
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Appeal from Muskegon; Russell, J. Bill by Jesse Rogers against Albert G. Day to set aside a mortgage. From a decree for complainant, defendant appeals. Bill to set aside a mortgage executed by one Isaac Louw to defendant for $100, dated September 20, 1880, on the ground that the land mortgaged was a homestead, and the mortgage was not signed by the wife. The following facts are established; Louw owned the land, and, with his wife and children, lived upon and occupied it as a homestead from 1870 to May, 1880. By his cruelty, he drove his wife and children from home. He was convicted of…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. Was the mortgage valid when executed ? To this there can be but one answer. It was not. The wife lost none of her marital rights, including her right in the homestead, by being driven therefrom through the cruelty of her husband. At the time the mortgage was executed, her homestead right was as secure as though she had been in actual possession. Sherrid v. Southwick, 43 Mich. 515; Barker v. Dayton, 28 Wis. 367; Herron v. Knapp, 72 Wis. 553.
2. The mortgage contained a covenant of warranty of title. Did this inure to the benefit of defendant upon the granting of…
2Cases cited14 opinions
- Barker v. DaytonWisconsin Supreme Court · 1871
- Moran v. PalmerMichigan Supreme Court · 1865
- Barton v. DrakeSupreme Court of Minnesota · 1875
- Prater v. PraterTennessee Supreme Court · 1888
- Sherrid v. SouthwickMichigan Supreme Court · 1880
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Whelan v. AdamsSupreme Court of Oklahoma · 1914
- Kelly v. MosbySupreme Court of Oklahoma · 1912
- Lewis v. LewisSupreme Court of Alabama · 1917
- Michelman v. FryeCalifornia Court of Appeal · 1965
- Meech v. GrigsbySupreme Court of Kansas · 1941
7 more not listed; retrieve them via the Exa API.