Norris v. Ryno
Michigan Supreme Court
Appeal from Allegan; Padgham, J. Bill by John Norris against Clarence A. Ryno, executor of the estate of Ephraim W. Ryno, deceased, to enjoin defendant from foreclosing a mortgage by advertisement. Prom a decree for defendant, complainant appeals.
1Opinion of the CourtSteers, J.
This bill of complaint is filed to restrain foreclosure by advertisement of a mortgage given by complainant to defendant’s father, and to obtain an accounting as to the amount unpaid thereon. Complainant alleges that certain payments made on said mortgage *194were not credited, and that the sum stated as due in the published notice of foreclosure is excessive. Defendant in his answer denies that any payments which were made were not credited, avers the amount due at the date of the published notice was correctly stated, prays the benefit of a cross-bill by his answer, and asks for an accounting…
2Cited by1 opinion
- Wilcox v. Commonwealth Realty & Trust Co.Michigan Supreme Court · 1929