Krolik v. Root
Michigan Supreme Court
Appeal from Wayne. (Jennisou, J.) Creditors’ bill. Complainants appeal from decree dismissing bill. The facts are stated in the opinion. As to invalidity of mortgage for failure to place on record, see Kohl v. Lynn, 34 Mich. 360; Fearey v. Cummings, 41 Id. 376; Talcott v. Crippen, 52 Id. 633. As to construction of How.
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Appeal from Wayne. (Jennisou, J.) Creditors’ bill. Complainants appeal from decree dismissing bill. The facts are stated in the opinion. As to invalidity of mortgage for failure to place on record, see Kohl v. Lynn, 34 Mich. 360; Fearey v. Cummings, 41 Id. 376; Talcott v. Crippen, 52 Id. 633. As to construction of How. Stat. § 6193, making unrecorded mortgage void, etc., see Cooper v. Brock, 41 Mich. 488. As to necessity of obtaining a lien to enable complainants to attack defendants’ mortgage, see McKibben v. Barton, 1 Mich. 213; Stoddard v. McLane, 56 Id. 11; Rollins v. Van Baalen, Id. 610.
1Opinion of the CourtSherwood, J.
In this case the complainants file a credit- or’s bill against defendant Bulkley as the original judgment debtor, and Eoot and Strong as mortgagees of Bulkley, for an accounting concerning certain property which it is ■claimed they hold by an invalid conveyance as against complainants. The case was heard before Judge Jennison on pleadings and proofs in the Wayne circuit, and a decree was entered dismissing complainants’ bill.
Complainants recovered their judgments at law against defendant Bulkley, and issued executions thereon, which were returned unsatisfied, and now file this bill to subject…
2Cases cited4 opinions
- McKibben v. BartonMichigan Supreme Court · 1849
- Reeg v. BurnhamMichigan Supreme Court · 1884
- Krolik v. BulkleyMichigan Supreme Court · 1885
- Tarbell v. MillardMichigan Supreme Court · 1886
3Cited by6 opinions
- Dempsey v. PforzheimerMichigan Supreme Court · 1891
- In re HuxollCourt of Appeals for the Sixth Circuit · 1912
- Eames v. ManleyMichigan Supreme Court · 1899
- Dalton v. StilesMichigan Supreme Court · 1889
- Jobert v. WagnerMichigan Supreme Court · 1907
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