Case v. O'Brien

Campbell, O. J.

The bill in this cause was filed to get rid of a mortgage on premises which complainant held as a subsequent purchaser, on the ground that, by delay in foreclosing, the value of the property mortgaged had been diminished, and the mortgagor had become insolvent. The court below dismissed the bill.

In April, 1878, O’Brien lent Aaron Wessels 81,550 at 10 per cent, interest, on three years’ time, taking a mortgage on lots 5 and 6 of block 46, and the west half of lots 1 and 2, in block 33, of the village of St. Louis, Gratiot county. This was recorded soon after its date. On the…