Legal Opinion

Hatch v. Daugherty

Michigan Supreme Court

Decided September 20, 1906No. Docket No. 2PublishedCited by 6 opinions

Appeal from Jackson; Hopkins, J., presiding. Bills by George N. Hatch against James L. Daugherty and others to restrain the foreclosure of a mortgage, and against John C. Sharp, administrator of the estate of James C. Deyo, deceased, and others, to foreclose a second mortgage; also by James L. Daugherty against said John C. Sharp and others to foreclose said first mortgage. The cases were heard as one, and from the decree rendered, said Daugherty appeals.

1Opinion of the CourtCarpenter, C. J.

December 3, 1884, James C. Deyo, since deceased, executed a mortgage to one John G. Carter, upon certain land owned by him, called the “ Biddle Street property,” in the city of Jackson. June 25, 1896, Carter assigned this mortgage to Luella J. Shaw, Deyo’s daughter. Luella J. Shaw subsequently assigned the mortgage to James D. Shaw, her son, and James D. Shaw subsequently assigned the same to James L. Daugherty. January 29, 1892, Deyo gave a mortgage to George N. Hatch upon the Biddle Street property and other property. This mortgage contained a recital that it was subject to the prior…

2Cases cited3 opinions

  1. Root v. PotterMichigan Supreme Court · 1886
  2. Tyler v. PeattMichigan Supreme Court · 1874
  3. Southworth v. ParkerMichigan Supreme Court · 1879

3Cited by6 opinions

  1. Harding v. GillettSupreme Court of Oklahoma · 1909
  2. Gillen v. Wakefield State BankMichigan Supreme Court · 1929
  3. Gessner v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1906
  4. In re AbbottMichigan Supreme Court · 1915
  5. Daugherty v. SharpU.S. Circuit Court for the District of Eastern Michigan · 1908

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