Wright v. Dudley
Michigan Supreme Court
Appeal in Chancery, by defendants Horace and Norman Green, from Shiawassee Circuit. The court having decided (ante p. 74), that the copies of the Judge’s minutes of the testimony, taken on the trial, could not be considered, the cause went to a hearing on the question whether the bill of complaint was sufficient on its face, to entitle complainant to any relief against the appellants. The allegations in the bill are sufficiently shown by the opinion.
1Opinion of the Court
Campbell J.:
The bill in this case was filed to foreclose a mortgage, given by Owen Dudley and wife, to complainant, concerning which no controversy arises. But the bill proceeds to *116charge that, a year previous to the date of this mortgage, Horace Green, a defendant, executed a mortgage of the same premises, to one Richard Elliot, who assigned the same to Henry P. Baldwin; this latter mortgage being duly recorded shortly after its date. That in August, 185^", and subsequent to the date of complainant’s mortgage, Horace Green called on the holder of the Elliott mortgage, and paid the amount,…
2Cited by7 opinions
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- Smith v. RumseyMichigan Supreme Court · 1876
- Banning v. BradfordSupreme Court of Minnesota · 1875
- Summers v. BromleyMichigan Supreme Court · 1873
- People v. MortonMichigan Court of Appeals · 1995
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