Legal Opinion

Michigan Insurance v. Whittemore

Michigan Supreme Court

Decided July 15, 1864PublishedCited by 3 opinions

Appeal in chancery from Wayne Circuit. The bill was filed to foreclose a mortgage given by Gideon O. Whittemore to complainants. Charles H, Whittemore was made a defendant, among others, as subsequent purchaser. The bill was taken as confessed by all the defendants except said Charles H. Whittemore, who answered, contesting the validity of the mortgage, and the case as to him was heard on pleadings and proofs.

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Appeal in chancery from Wayne Circuit. The bill was filed to foreclose a mortgage given by Gideon O. Whittemore to complainants. Charles H, Whittemore was made a defendant, among others, as subsequent purchaser. The bill was taken as confessed by all the defendants except said Charles H. Whittemore, who answered, contesting the validity of the mortgage, and the case as to him was heard on pleadings and proofs. In addition to the amount of the mortgage, complainants claimed to recover certain moneys paid for insurance on the mortgaged property, and proof was taken to show the amount. April‘27,…

1Opinion of the Court

Manning J.:

No reference was necessary in the case. The Court might have computed the amount due and rendered a final decree without it. The bill had been taken as con-fessed against three of defendants, and on the hearings against the other defendant all of the facts necessary to. a final decree were before the Court, in the pleading» and proofs. The order of reference appears to have been entered under a Supposition that it was necessary to render the proceedings regular against the parties who had not appeared. It is a common order, and recites that the. bill of complaint had been taken as…

2Cases cited1 opinion

  1. Kellogg v. PutnamMichigan Supreme Court · 1863

3Cited by3 opinions

  1. Union Trust Co. v. Detroit Trust Co.Michigan Supreme Court · 1927
  2. In Re Allen's EstateMichigan Supreme Court · 1927
  3. Curtis v. CurtisMichigan Supreme Court · 1931

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