Niles v. Ransford
Michigan Supreme Court
Ejectment. Case made by tbe parties, and reserved by tbe Oakland Circuit Court. The facts, so far as it is necessary to state them with reference to tbe questions decided by tbe court, were as follows: Niles, on the- 13th April, 1836, purchased tbe premises in question of George Postal, sen., and George Postal, jun., and at tbe time gave back a mortgage to Postal sen. for a part of tbe purchase money.
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Ejectment. Case made by tbe parties, and reserved by tbe Oakland Circuit Court. The facts, so far as it is necessary to state them with reference to tbe questions decided by tbe court, were as follows: Niles, on the- 13th April, 1836, purchased tbe premises in question of George Postal, sen., and George Postal, jun., and at tbe time gave back a mortgage to Postal sen. for a part of tbe purchase money. The mortgage was not paid at maturity, and Postal sen. advertised the premises to be sold on 14th July, 1838, pursuant to the statute, under a power of sale in tbe mortgage. After-wards, and…
1Opinion of the Court
By the court,
ing, J. -
Tbe mortgage bears date the 13th April,
1836, and contains a power of sale. It was executed under tbe provisions of “An act entitled an aet concerning mortgages,” approved April 19, 1833, Laws 1833, p. 283. On sales under this act, for purchase money, no redemption is allowed. Tbe act of 1837, Bess. L. 1837, p. 315, amendatory to tbe act of 1833, authorized a redemption within one year after sale on foreclosure of mortgages given for purchase money, and this provision was by the same act made applicable as well to mortgages executed before, as those executed after tbe…
2Cases cited1 opinion
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- Johnstone v. ScottMichigan Supreme Court · 1863
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