Kimball v. Myers
Michigan Supreme Court
Appeal' in Chancery from Lenawee Circuit. William E. Kimball filed his bill in the Circuit Court for the County of Lenawee in Chancery, to compel Nathan S. Myers to deliver up to be canceled a certain mortgage,, executed by one George Morton and wife upon premises,. the title to which the complainant claims under Morton; the complainant alleging, as the ground of the relief sought, that the indebtedness which the mortgage was given to secure had been discharged.
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Appeal' in Chancery from Lenawee Circuit. William E. Kimball filed his bill in the Circuit Court for the County of Lenawee in Chancery, to compel Nathan S. Myers to deliver up to be canceled a certain mortgage,, executed by one George Morton and wife upon premises,. the title to which the complainant claims under Morton; the complainant alleging, as the ground of the relief sought, that the indebtedness which the mortgage was given to secure had been discharged. Answer and replication were filed and testimony taken. The cause was heard upon pleadings, and proofs by the Court below, and the…
1Opinion of the CourtCooley, J.
The bill in this case sets forth that complainant, on the twelfth day of June, 1866, purchased of one George Morton a certain lot in the city of Adrian for the sum of one thousand dollars, and received a deed of conveyance thereof which contained full covenants of title and against encumbrances; that complainant immediately took possession of the premises, and has been in the sole and exclusive possession thereof ever since; that at the time of.purchase Morton assured complainant there was no incumbrance upon the premises except a mortgage of eight hundred dollars to one Wisner, and produced…
2Cases cited6 opinions
- Stevens v. CooperNew York Court of Chancery · 1815
- Jackson v. ClevelandMichigan Supreme Court · 1866
- Foy v. BlackstoneIllinois Supreme Court · 1863
- Adair v. AdairMichigan Supreme Court · 1858
- Bradley v. BentleySupreme Court of Vermont · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Johnson v. BrattonMichigan Supreme Court · 1897
- Stotts v. StottsMichigan Supreme Court · 1917
- Stuart v. WordenMichigan Supreme Court · 1879
- Hyler v. NolanMichigan Supreme Court · 1881