Comstock v. Comstock
Michigan Supreme Court
Appeal in Chancery from St. Clair Circuit. The bill in this case was filed by Joseph B. Comstock, in the circuit court for the county of St. Clair, in chancery, to foreclose a mortgage given by Alfred Comstock, to the complainant.
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Appeal in Chancery from St. Clair Circuit. The bill in this case was filed by Joseph B. Comstock, in the circuit court for the county of St. Clair, in chancery, to foreclose a mortgage given by Alfred Comstock, to the complainant. Andrew W. Comstock was made a party defendant, his interest being alleged only in the general form, usual in foreclosure bills, as having, or claiming to have, rights and interests in the premises described in the mortgage, or in some part or parts thereof, as subsequent purchasin’ or encumbrancer, or otherwise. As against Alfred Comstock, the mortgagor, the bill…
1Per curiam
The parties went to a hearing in the court below on pleadings and proofs; the point chiefly in controversy being, whether a deed to Andrew TV. Comstock, was a subsequent conveyance in law to the mortgage of complainant. The circuit judge did not pass upon this question, *41but expressly provided in the decree of foreclosure which he made, that the priority of right between the deed and mortgage was not determined thereby.
Andrew W. Comstock appeals, claiming that as his deed was actually recorded before the mortgage, he could not properly have been made a defendant to the foreclosure, without…
2Cited by2 opinions
- Cartwright v. JohnstonMichigan Supreme Court · 1896
- Shafer v. ThompsonMichigan Supreme Court · 1896