Newton v. Sly
Michigan Supreme Court
Error to Wayne Circuit. This was an action of ejectment brought by defendant in error to recover dower in lands conveyed by her husband during their marriage. Judgment was rendered for plaintiff below.
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Error to Wayne Circuit. This was an action of ejectment brought by defendant in error to recover dower in lands conveyed by her husband during their marriage. Judgment was rendered for plaintiff below. The facts and rulings of the Circuit Judge are stated in the opinion. 1. The plaintiff in error insists that the defendant in error is not entitled to recover at all in this case, for the reason that as to the defendant in error the mortgage is. outstanding and in the hands of the plaintiff in error; that so long as any amount remains unpaid the mortgagee or assignee, plaintiff in error, is…
1Opinion of the Court
Campbell J.
Action was brought by Mrs. Sly to recover dower in lands conveyed ,by her husband, during the marriage, to his sons, by deed, in which she did not join. The land, at the time of the sale, was covered by a partly paid purchase money mortgage, the remainder of which was afterwards paid by the sons, who conveyed by warranty deed to Newton, and who subsequently took an assignment of the mortgage, after it had been fully paid. The chief contest arose out of a claim on the part of the defendant below to have deducted from the value of the premises at the time of Sly’s conveyance, not…
2Cases cited2 opinions
- Baker v. PiersonMichigan Supreme Court · 1858
- Snyder v. SnyderMichigan Supreme Court · 1859
3Cited by10 opinions
- People v. BurkeCalifornia Court of Appeal · 1912
- Kolkman v. PeopleSupreme Court of Colorado · 1931
- Hazeltine v. GrangerMichigan Supreme Court · 1880
- Morse v. ByamMichigan Supreme Court · 1885
- Bowen v. BroganMichigan Supreme Court · 1899
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