Lucking v. Wesson
Michigan Supreme Court
Appeal in Chancery from Wayne Circuit. This bill was filed by Joseph Lucking and James Patton, against William B. Wesson, Alfred Goodman, and Ulenna Goodman.
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Appeal in Chancery from Wayne Circuit. This bill was filed by Joseph Lucking and James Patton, against William B. Wesson, Alfred Goodman, and Ulenna Goodman. It alleges that the complainants had each ■obtained a judgment against Alfred Goodman, upon which •execution had issued and been levied simultaneously upon .all the goods, chattels, and furniture then in the Goodman House, a hotel in the city of Detroit; that Alfred Goodman, and his wife Ulenna, had previously executed, and ■delivered to Wesson, a chattel mortgage upon said property, ■and also another to Walter Ingersoll, which had been…
1Opinion of the CourtCooley, J.
The doctrine that the holder of a mortgage upon chattels becomes absolute owner of the property by breach of condition, is not admitted in this state. The mortgagee has a lien which he may foreclose in the several modes permitted by law, and from which the mortgagor may redeem.—Van Brunt v. Wakelee, 11 Mich., 177. The true relation of the parties is that of debtor on the one side, and .creditor secured by lien on property upon the other.
This being so, the holder of a subsequent lien must have the same right to protect his interest in the property that he would have had if the prior lien had…
2Cases cited1 opinion
- Van Brunt v. WakeleeMichigan Supreme Court · 1863
3Cited by9 opinions
- Warner v. LittlefieldMichigan Supreme Court · 1891
- Lansing Boiler & Engine Works v. RyersonCourt of Appeals for the Sixth Circuit · 1904
- Hannah & Hogg v. Richter Brewing Co.Michigan Supreme Court · 1907
- Hunt v. SackettMichigan Supreme Court · 1875
- Pinch v. WillardMichigan Supreme Court · 1896
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