Jones v. Smith
Michigan Supreme Court
Appeal in Chancery from Kalamazoo Circuit. The bill in this cause was filed by Charles W. Jones, Ephraim Jones, and John J. Johnson, m the Circuit Court for the County of Kalamazoo in Chancery, against Willard Jones, Gilbert C. Jones, and James Bassett, administrators of the estate of Harvey Jones, deceased, Timothy Smith, Allen Eossman, and Augustus McKinstry, to procure the discharge of record of, a mortgage executed by Ephraim Jones to Harvey Jones, in his lifetime, upon…
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Appeal in Chancery from Kalamazoo Circuit. The bill in this cause was filed by Charles W. Jones, Ephraim Jones, and John J. Johnson, m the Circuit Court for the County of Kalamazoo in Chancery, against Willard Jones, Gilbert C. Jones, and James Bassett, administrators of the estate of Harvey Jones, deceased, Timothy Smith, Allen Eossman, and Augustus McKinstry, to procure the discharge of record of, a mortgage executed by Ephraim Jones to Harvey Jones, in his lifetime, upon the ground that it had been satisfied; the bill averring that the defendants, Eossman and McKinstry, claim to be…
1Opinion of the CourtCooley, J.
The object of the bill in this case is to have a certain mortgage, which is described therein, decreed to be satisfied and discharged. The defendant Smith is assignee of the mortgage, and the claim of the complainants is, not that it has been paid to him, but that the mortgagor, in ignorance of the assignment, has made payments and advancements to the mortgagee and his representatives which satisfy it.
The mortgage in question was given by Ephraim Jones to Harvey Jones on the first day of April, 1847, and was conditioned for the payment of two thousand dollars, in seven equal annual payments,…
2Cases cited7 opinions
- Jones v. WitterMassachusetts Supreme Judicial Court · 1816
- M. Ward & Co. v. MorrisonSupreme Court of Vermont · 1853
- Vanbuskirk v. Hartford Fire Insurance Co.Supreme Court of Connecticut · 1841
- Field v. HolbrookThe Superior Court of New York City · 1857
- Meghan v. MillsNew York Supreme Court · 1812
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Stephenson v. GoldenMichigan Supreme Court · 1937
- Long v. EarleMichigan Supreme Court · 1936
- Burgess v. Jackson Circuit JudgeMichigan Supreme Court · 1930
- Gillen v. Wakefield State BankMichigan Supreme Court · 1929
- King v. CarpenterMichigan Supreme Court · 1877
14 more not listed; retrieve them via the Exa API.