Baker v. Mather
Michigan Supreme Court
Appeals in Chancery’ from' Ionia Circuit. Esther E. Baker filed her bill against Amos R. Mather, Dennis H. Burns, Horace Roatch, and Henry W. King to foreclose a mortgage made to her by Mather and Burns, dated January 21, 1864, but which was not recorded until March 3, 1869. Roatch and King were made defendants as subsequent purchasers or incumbrancers. King alone answered, and the bill was taken as confessed by the other defendants.
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Appeals in Chancery’ from' Ionia Circuit. Esther E. Baker filed her bill against Amos R. Mather, Dennis H. Burns, Horace Roatch, and Henry W. King to foreclose a mortgage made to her by Mather and Burns, dated January 21, 1864, but which was not recorded until March 3, 1869. Roatch and King were made defendants as subsequent purchasers or incumbrancers. King alone answered, and the bill was taken as confessed by the other defendants. Subsequently Henry W. King filed his bill against Horace Boatch, Caroline E. Boatch, Esther E. Baker, and Dennis H. Burns to foreclose a mortgage made to him by…
1Per curiam
The question in these cases is one of priority between two mortgages. The second mortgage was recorded first, *53and there is no evidence that the mortgagee therein had actual notice of the existence of the prior mortgage when he took his. It appears, however, that the deed, under which the mortgagor held the land, expressly referred to this prior mortgage, and made his title subject to it. The deed was not recorded, but this is an immaterial circumstance. Everybody taking a conveyance of, or a lien upon, land, takes it with constructive notice of whatever appears in the conveyances which…
2Cited by10 opinions
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- Hubbard v. KnightNebraska Supreme Court · 1897
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