Cavanaugh v. Sanderson
Michigan Supreme Court
Error to Jackson; Parkinson, J. Replevin by William J. Cavanaugh against Albert B. Sanderson. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error. This case is the outgrowth of E. S. Knowles & Son v. Cavanaugh, 144 Mich. 260. The statement there made need not be repeated here. The property (a horse) is the same property the right of possession to which was there involved.
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Error to Jackson; Parkinson, J. Replevin by William J. Cavanaugh against Albert B. Sanderson. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error. This case is the outgrowth of E. S. Knowles & Son v. Cavanaugh, 144 Mich. 260. The statement there made need not be repeated here. The property (a horse) is the same property the right of possession to which was there involved. That case arose in justice’s court, was appealed to the circuit court, and came to this court on writ of certiorari. This litigation arose in justice’s court and has the same…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. The theory of our replevin statute is to provide a remedy for settling the rights to the property in one suit, and to avoid a multiplicity of suits. 3 Comp. Laws, §§ 10679, 10680.
A sale under a mortgage irregular or void for any reason does not discharge the mortgage lien, but places the purchaser at such sale in the position of the mortgagee, and by virtue of his purchase he succeeds to the rights of the mortgagee. Rose v. Page, 82 Mich. 105; Morse v. *13Byam, 55 Mich. 594; Lyle v. Palmer, 42 Mich. 314; Gilbert v. Cooley, Walk. Ch. (Mich.) 494.
The quashing of the…
2Cases cited7 opinions
- Morse v. ByamMichigan Supreme Court · 1885
- Lyle v. PalmerMichigan Supreme Court · 1879
- Clark v. WestMichigan Supreme Court · 1871
- Rose v. PageMichigan Supreme Court · 1890
- E. S. Knowles & Son v. CavanaughMichigan Supreme Court · 1906
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3Cited by4 opinions
- Powers v. PenseWyoming Supreme Court · 1912
- Paeth v. SquireMichigan Supreme Court · 1936
- Gerasimos v. WartellMichigan Supreme Court · 1928
- Stokes v. Liverpool & London & Globe Ins.Supreme Court of South Carolina · 1925