McMillan v. Bissell
Michigan Supreme Court
Appeal from Wayne. (Jennison, J.) Bill filed to have a deed absolute on its face declared a mortgage, and for foreclosure. Complainants appeal. The facts are stated in the opinions.
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Appeal from Wayne. (Jennison, J.) Bill filed to have a deed absolute on its face declared a mortgage, and for foreclosure. Complainants appeal. The facts are stated in the opinions. The question whether the deed was absolute or a mortgage is to be determined by the agreement when it was taken, which could not be changed by any subsequent course of co'nduct short of a new agreement: 1 Jones, Mortgages, § 2?6. Though a mortgage, still, no written defeasance having been given, the deed gives the grantee a right to possession until redemption: Ferris v. Wilcox, 51 Mich. 105, and cases cited. Even…
1Opinion of the CourtSherwood, J.
Complainants are the executors of the last will of Hugh Moffat, deceased. The defendant Margaret A. Bissell is the daughter, and her husband, the defendant Edward W. Bissell, the son-in-law, of said deceased.
On February 3, 1883, the defendants conveyed by warranty deed certain real estate in Detroit to Mr. Moffat.
•The complainants claim that the deed was given as security for indebtedness of Edward W. Bissell to Moffat, and to secure Moffat for indorsements he had made for Bissell. The executors bring this suit to have the deed decreed to be a mortgage, and to foreclose the same as such,…
2Cases cited10 opinions
- McNamara v. CulverSupreme Court of Kansas · 1879
- Johnson v. Van VelsorMichigan Supreme Court · 1880
- Rogan v. WalkerWisconsin Supreme Court · 1853
- Crane v. BuchananIndiana Supreme Court · 1868
- Strong v. StewartNew York Court of Chancery · 1819
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Gassert v. BogkMontana Supreme Court · 1888
- Bergen v. JohnsonIdaho Supreme Court · 1912
- Dickens v. HestonIdaho Supreme Court · 1933
- Winston v. BurnellSupreme Court of Kansas · 1890
17 more not listed; retrieve them via the Exa API.