Miller v. Walker
Michigan Supreme Court
Appeal from Wayne; Donovan, J. Bills by Sidney T. Miller, trustee, against Bryant Walker, trustee, Louise M. Jebb, and the Detroit Savings Bank to enforce a trust, and by the same complainant against Joseph R. McLaughlin, Robert J. McLaughlin, Collins B. Hubbard, Anna Georgina Hubbard, George Dingwall, and others to foreclose certain mortgage securities. The suits having been consolidated and a decree entered for complainant, defendants Walker and Jebb appeal.
1Opinion of the CourtGrant, J.
Separate appeals were taken in this case by defendants Walker and Mrs. Jebb, and other reasons urged against consolidation than those urged by the other appellants. They also urge objections to the decree which affect them alone. A separate opinion in their case is therefore necessary.
1. They urge that the consolidation was prejudicial to the defendant Jebb and deprived her, of material rights, because:(a) They insist that under the trust agreement of Walker, to foreclose which the second suit was brought, the duty to sell the trust property would not arise until there was an ascertained…
2Cases cited2 opinions
- Belding v. MelocheMichigan Supreme Court · 1897
- Beck v. FinnMichigan Supreme Court · 1899
3Cited by2 opinions
- Redfield v. ReidMichigan Supreme Court · 1907
- Spencer v. BlackMichigan Supreme Court · 1925