Vincent v. Moore
Michigan Supreme Court
Appeal from St. Clair. (Stevens, J.) Bill to enforce lien. Complainants appeal. Where a mortgage needs to be kept alive to protect the mortgagee’s rights, equity will keep it alive as against the mortgager : Gorm. Mut. L. Ins.
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Appeal from St. Clair. (Stevens, J.) Bill to enforce lien. Complainants appeal. Where a mortgage needs to be kept alive to protect the mortgagee’s rights, equity will keep it alive as against the mortgager : Gorm. Mut. L. Ins. Go. v. Bulte 15 Mich. 113 (and sec brief of defendant in error in that case, and cases cited, p. 116); Jackson v. Evans 44 Mich. 510; French v. JDeBow 38 Midi. 708 ; Powers v. Golden Lwnber Go. 43 Mich. 468 ; payment of a tax to protect the mortgagee’s interest in the-land, is such a charge upon the land as ft redemption money paid to take up a prior mortgage: 2 Ban.…
1Opinion of the CourtCooley, J.
The bill in this case appears to be filed to-enforce the payment of a sum of money which complainants paid to redeem from a tax sale certain lands belonging to defendant, and upon which complainants, at the time of redemption, held a mortgage. The redemption, it is assumed, was made for the protection of the mortgage ; but complainants went on after wards'and foreclosed the mortgage under the power of sale, taking no notice of what they had paid for taxes and making no claim for the amount. The land was sold in the foreclosure proceedings, and bid in for the amount of the mortgage debt, and…
2Cited by23 opinions
- Stone v. TilleyTexas Supreme Court · 1907
- Wyoming Building & Loan Ass'n v. Mills Const. Co.Wyoming Supreme Court · 1928
- Wood v. ButtonMichigan Supreme Court · 1919
- New York Life Insurance v. ErbMichigan Supreme Court · 1936
- A. Krolik & Co. v. OssowskiMichigan Supreme Court · 1920
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