Abbott v. Godfroy's Heirs
Michigan Supreme Court
Appeal from the Court of Chancery. A bill was filed in that court by complainants in January, 1836, to foreclose an alleged hypotheque or French mortgage given by G. Godfroy, the defendants’ ancestor, on the 18th June, 1789, to one Duperon Baby, to secure .the payment of £396 Os. 3d., New York currency, on the 28th Augne', 1790. The bill stated the making of the instrument before a notary public, and -that without any acknowledgment it was recorded in the county of Wayne in…
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Appeal from the Court of Chancery. A bill was filed in that court by complainants in January, 1836, to foreclose an alleged hypotheque or French mortgage given by G. Godfroy, the defendants’ ancestor, on the 18th June, 1789, to one Duperon Baby, to secure .the payment of £396 Os. 3d., New York currency, on the 28th Augne', 1790. The bill stated the making of the instrument before a notary public, and -that without any acknowledgment it was recorded in the county of Wayne in the year 1798; the- death of Duperon Baby in the year 1790, and that no proceedings to take out administration on his…
1Opinion of the Court
By the Court,
Miles, J.
On the 18th day of June, 1789, Gabriel Godfroy executed an instrument in writing’, before a notaiy public and in the presence of a subscribing’ witness, by which he acknowledged himself to be justly indebted to one JDuperon Baby in the sum of £396 Os. 3d., for value received from him, and jvhich. he promised to pay to him on the 28th day of. August, 1790, with interest at six per cent. And in order to secure the payment of this sum, Godfroy by the same instrument assigned and mortgaged a farm in the township of Springwells, on which he then resided, and declared that the…
2Cases cited2 opinions
- Piatt v. VattierSupreme Court of the United States · 1835
- Alderson v. Bigger's AdministratorSupreme Court of Virginia · 1815
3Cited by10 opinions
- People v. JonesMichigan Supreme Court · 1858
- Schram v. BurtCourt of Appeals for the Sixth Circuit · 1940
- Newton v. Security National BankMichigan Supreme Court · 1949
- Adair v. AdairMichigan Supreme Court · 1858
- McClurg v. PhillipsSupreme Court of Missouri · 1872
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