First State Bank v. Day
Michigan Supreme Court
Appeal from Van Buren; Des Voignes, J. Bill by the First State Bank of Decatur against James Ingersoll Day and Benjamin F. J. O’Dell "for the foreclosure of certain mortgages; also injunction bill by said O’Dell and Day against the First State Bank of Decatur to restrain foreclosure by advertisement of a third mortgage. The causes were consolidated. From a decree for complainant bank, said O’Dell and Day appeal.
1Opinion of the CourtStone, J.
These cases were consolidated and heard as one case in the circuit, and by stipulation of counsel they are here presented in the same manner. The questions at issue may be summarized as follows:
James Ingersoll Day, upon different dates, gave to the First State Bank of Decatur, Mich., his three several promissory' notes, secured by three separate mortgages upon certain real estate. The first note bears date July 29, 1909, was for the sum of $1,300, due five years after date, with interest at the rate of 7 per cent., payable semi-annually, and was secured by mortgage on that part of the E. ½ of…
2Cases cited5 opinions
- Johnson v. Van VelsorMichigan Supreme Court · 1880
- Lee v. ClaryMichigan Supreme Court · 1878
- Reading v. WatermanMichigan Supreme Court · 1881
- Hawes v. Detroit Fire & Marine InsuranceMichigan Supreme Court · 1896
- State Savings Bank v. HosmerMichigan Supreme Court · 1893
3Cited by3 opinions
- Flax v. Mutual Building & Loan Ass'nMichigan Supreme Court · 1917
- In re Establish & Quiet Title to Lands & Recreating Public RecordsMichigan Supreme Court · 1951
- Jensen v. FranklinMontana Supreme Court · 1959