Wright v. Garrison
Michigan Supreme Court
Appeal from Kalamazoo, Bill to set aside discharge of mortgage and foreclose. Defendant King appeals. The facts sufficiently appear in the opinion.
1Opinion of the CourtCooley, J.
The bill in this case seeks the foreclosure of a certain mortgage given by Andrew and Orrin D. Garrison to John Garrison, the payment of which had been assumed by the defendant Charles L. King. A formal discharge of the mortgage had been given by *51Orrin F. Howard, the first administrator on the estate of John Garrison, bnt he died soon after, and the complainant having been appointed administratrix de bonis non, filed this bill.
The bill alleges that the discharge of the mortgage was obtained by fraud, and on the payment of less than was at the time owing upon it. We have no doubt the latter…
2Cited by1 opinion
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