Cooper v. Brock
Michigan Supreme Court
Error to Bay. Replevin by plaintiffs in error against Brock as sheriff, for a quantity of hoops attached by him as the property of George Weatherby, who had previously given plaintiffs- an instrument in the form of a bill of sale embracing the property attached. The. court below directed a verdict for defendant and plaintiffs bring error.
1Opinion of the CourtMarston, J.
The only question of importance to be determined in this case is whether the bill of sale, so *490called, from Weatherby to plaintiffs, was an absolute conveyance of the property or a mortgage ?
Counsel for plaintiffs claimed that the Instrument contained no terms of defeasance, which was necessary to constitute it a mortgage and was the decisive test, and that the case was governed by § 4703 and not by § 4706 of the Compiled Laws.
The mere fact that an instrument does not contain, terms of defeasance 'cannot be at all decisive in. determining the question whether it shall be considered a mortgage…
2Cited by26 opinions
- Detroit Trust Co. v. Detroit City Service Co.Michigan Supreme Court · 1933
- Hargadine v. HendersonSupreme Court of Missouri · 1888
- People ex rel. Esper v. BurnsMichigan Supreme Court · 1910
- National Bank v. LovenbergTexas Supreme Court · 1885
- Rockwell v. HumphreyWisconsin Supreme Court · 1883
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