Burchard v. Frazer
Michigan Supreme Court
Appeal in Chancery from Wayne Circuit. This is a bill Sled by Mathew W. Burchard against James H. Frazer, Thomas Smith, D. Bethune Duffield, August Cramer, John Cleason, Henry Ford, James Ford, Samuel Ford, George Ford, Peter Esper, Francis R. Ward, Jacob Burger and' Mary Burger, to foreclose a mortgage made by said Frazer, and dated December 15, 1863, to secure the payment of the sum of eleven thousand four hundred and ninety dollars and forty cents, with interest,…
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Appeal in Chancery from Wayne Circuit. This is a bill Sled by Mathew W. Burchard against James H. Frazer, Thomas Smith, D. Bethune Duffield, August Cramer, John Cleason, Henry Ford, James Ford, Samuel Ford, George Ford, Peter Esper, Francis R. Ward, Jacob Burger and' Mary Burger, to foreclose a mortgage made by said Frazer, and dated December 15, 1863, to secure the payment of the sum of eleven thousand four hundred and ninety dollars and forty cents, with interest, according to the conditions of a bond to which it was collateral, and which bond and mortgage were given to Maria R. Burchard,…
1Opinion of the CourtOhrxstianct, J.
The first question in this case is, whether Frazer, the mortgagor, and the other defendants who are purchasers from Mm, are entitled to the deduction of six hundred dollars for the deficiency of twenty acres of land at thirty dollars per acre.
Complainant having acted as the agent of his wife (who *237owned the land) in making the sale to Frazer and in taking this mortgage for the balance of the purchase money, and having since become the assignee of the mortgage, may, so far as relates to this question (and most others in the cause), be treated directly as the vendor and mortgagee. The sale was…
2Cited by5 opinions
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- Farmers & Merchants State Bank v. HildebrandtWisconsin Supreme Court · 1936