Security Trust Co. v. Sloman

Plaintiff seeks foreclosure of a mortgage executed by Eugene EL Sloman on certain realty in Detroit to it as trustee to secure an issue of bonds described therein. It had decree, from which defendant appeals.

The bill was filed by plaintiff in its corporate name, but the word “trustee” was omitted. A copy of the trust mortgage was annexed to the bill and made a part thereof. Foreclosure was sought. During the trial, on attention being called to this omission, plaintiff asked leave to amend, which was granted. This was clearly permissible under our statute of amendments (3 Comp. Laws 1915, §…