Wiswall v. Ayres
Michigan Supreme Court
Appeal froto. Huron. (Stevens, J.) Fobeolosdbe bill. Defendants appeal. Presumptions are against documentary evidence when"it is withheld: Page v. Stephens 23 Mich. 363 ; Wills •on Circum. Ev. 91; Stark. Ev. 437Life da Fire Ins. (Jo-to. Meeh. F. Ins.
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Appeal froto. Huron. (Stevens, J.) Fobeolosdbe bill. Defendants appeal. Presumptions are against documentary evidence when"it is withheld: Page v. Stephens 23 Mich. 363 ; Wills •on Circum. Ev. 91; Stark. Ev. 437Life da Fire Ins. (Jo-to. Meeh. F. Ins. Go. 7 Wend. 34; Jachson v. M' Vey 18 . Johns. 332 ; Olifton v. United States^ How. 242; between the parties to a mortgage and their representatives the mortgage is prima facie evidence of the consideration: Webb-v. Faman 3 Mich. 139; Hermann on Estoppel 266. The recital in a mortgage of the amount of •consideration inay be contradicted or…
1Opinion of the CourtHeaves, C. J.
In April, 1879, the complainants filed this bill to foreclose a mortgage bearing date January 27, 1869, and executed by the defendants Frederick S. Ayres, Charles Gr. Learned and Ebenezer Wiswall, to Catharine A. Wis-wall, wife of said Ebenezer Wiswall, and by her assigned to complainants the 25th of February, 1874. By the terms •of the mortgage the consideration and sum secured was $40,105.43, stated to be payable in two years with semi-annual interest at seven per cent. The bill specified a series of payments which were admitted by complainants, and claimed that the sum of $40,000, or about…
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