Fuller v. Detroit Loan & Building Ass'n
Michigan Supreme Court
Appeal from Wayne; Daboll, J., presiding. Bill by William P. Fuller against the Detroit Loan & Building Association, John F. Higginbotham, and Thomas Y. Leonard, to enforce a mechanic’s lien. From a decree for complainant, defendant association appeals.
1Opinion of the CourtMontgomery, J.
This is a proceeding to enforce a mechanic’s lien. The loan and building association had, prior to April 30,1896, held a mortgage upon the premises in question, the fee being in defendant Higginbotham. On that date Higginbotham deeded to the association, *72and a land contract was given back to Higginbotham for the expressed consideration of $3,008.5é, which represented the amount of the mortgage, and $800 more. At the same time a supplementary agreement was indorsed on the contract as follows:
“Detroit, Mich., April 30, 1896.
“As a part of the consideration of the land contract hereto attached,…
2Cases cited4 opinions
- Knapp v. . BrownNew York Court of Appeals · 1871
- Bohn Manufacturing Co. v. KountzeNebraska Supreme Court · 1890
- Loonie v. . HoganNew York Court of Appeals · 1854
- Burbridge v. MarcyNew York Court of Common Pleas · 1878
3Cited by2 opinions
- Eastern Construction Co. v. ColeMichigan Court of Appeals · 1974
- Winkworth Fuel & Supply Co. v. Bloomsbury Corp.Michigan Supreme Court · 1934