Mitchell v. Bilderback
Michigan Supreme Court
Error to Cass; North, J., presiding. Hattie Mitchell presented a claim against the estate of Caiphas Dill, deceased, for an amount held in trust upon the foreclosure of certain mortgages. The claim was disallowed in the probate court, and claimant appealed to the circuit court. A judgment for claimant is reviewed by the administrator on writ of error.
1Opinion of the CourtHooker, J.
The claimant filed a claim against the estate of Dill, which was disallowed by the probate judge. She appealed to the circuit court, where a jury rendered a *484verdict allowing the claim in full, $1,575. The administrator has appealed.
Outline of Facts. Dill held two mortgages on a farm aggregating $3,500. Mrs. Mitchell held a later mortgage on the same premises for $1,500. Subsequently Dill took another mortgage for $1,000 on the same land. The land was subsequently sold at execution sale, at the instance of a creditor of the mortgagor. The plaintiff purchased this title, and after the…
2Cases cited10 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Young v. . YoungNew York Court of Appeals · 1880
- Allen v. WithrowSupreme Court of the United States · 1884
- Williamson v. YagerCourt of Appeals of Kentucky · 1891
- O'Neil v. GreenwoodMichigan Supreme Court · 1895
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3Cited by4 opinions
- Stephenson v. GoldenMichigan Supreme Court · 1937
- Longe v. KinneyMichigan Supreme Court · 1912
- Boyer v. BackusMichigan Supreme Court · 1937
- Succession of ShadrickLouisiana Court of Appeal · 1961