Chewett v. Moran
U.S. Circuit Court for the District of Eastern Michigan
In Equity. On demurrer to bill. This was a bill in equity on behalf of complainant, and all other creditors who might come in and contribute to the expense of her suit, against the heirs of Peter Desnoyer, to charge his estate with the payment of a balance remaining due upon a mortgage after sale of the property.
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In Equity. On demurrer to bill. This was a bill in equity on behalf of complainant, and all other creditors who might come in and contribute to the expense of her suit, against the heirs of Peter Desnoyer, to charge his estate with the payment of a balance remaining due upon a mortgage after sale of the property. The bill set forth that Desnoyer and wife in 1875 mortgaged to complainant certain lands in Sandwich, in the province of Ontario, to secure the payment of $4,000. The mortgage contained a covenant that the mortgagor would pay the money thereby secured. Desnoyer and his wife died in…
1Opinion of the CourtBrown, J.
This is in substance a bill to charge certain real estate in the hands of heirs with the mortgage debt of their ancestor. While it would seem that an action at common law will lie against an heir for broach of an express covenant of the ancestor, contained in a sealed instrument, provided the ancestor expressly bound himself “and his heirs” by the obligation, and provided the heir has legal assets by descent from the obligor, there can be no doubt of the jurisdiction of a court of chancery to entertain a bill on behalf of a creditor and all others who may choose to make themselves parties, to…
2Cases cited10 opinions
- Payne v. HookSupreme Court of the United States · 1869
- Hyde v. StoneSupreme Court of the United States · 1858
- Suydam v. BroadnaxSupreme Court of the United States · 1840
- The Union Bank of Tennessee v. Jolly's Adm'rs.Supreme Court of the United States · 1856
- Board of Public Works v. Columbia CollegeSupreme Court of the United States · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Allen v. ConklinMichigan Supreme Court · 1897
- Hagan v. LantrySupreme Court of Missouri · 1935
- Rankin v. City of Big RapidsCourt of Appeals for the Sixth Circuit · 1904
- Continental Nat. Bank v. HeilmanU.S. Circuit Court for the District of Indiana · 1897
- Continental Nat. Bank v. HeilmanCourt of Appeals for the Seventh Circuit · 1898
5 more not listed; retrieve them via the Exa API.