Waterbury v. Andrews
Michigan Supreme Court
Appeal from Ionia. (Mills, J., presiding.) Bill filed to set aside a note and mortgage executed by a married woman to secure her husband’s debt. Defendants Andrews and Kellogg appeal. The facts are stated in the opinion.
1Opinion of the CourtSherwood, J.
The complainant files her bill in this cause for the purpose of procuring a decree canceling a certain note made by her to the defendant Andrews, and also to set aside a mortgage made and executed at the same time by her as collateral security for the payment .of the note.
The grounds upon which she claims her right to relief are fraud, misrepresentation, and no consideration; also that she made said note to secure her husband’s debt, and executed the mortgage while she was a married woman, for the purpose mentioned, and not for her own benefit.
The complainant avers that she resides in the…
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