Legal Opinion

Warner v. Whittaker

Michigan Supreme Court

Decided December 9, 1858PublishedCited by 23 opinions

Appeal by defendants Lucas Vogel and Merrill H. Shaw from the Wayne Circuit in Chancery, where decree of foreclosure and sale was made as prayed in the bill. The case is sufficiently stated in the opinion.

1Opinion of the Court

Manning J.:

The view we have taken of this case renders it unnecessary, in deciding it, to go fully into the pleadings and proofs, which are more voluminous than satisfactory, and throw little light on several questions discussed on the argument, but which it is not necessary for us to investigate in disposing of the case.

The bill, which is to foreclose a mortgage, is filed by Warner as administrator on the estate of Sarah Whittaker deceased, who, in her lifetime, and on or about the 3d of May, 1849, sold the mortgaged premises to her son Samuel Whittaker, and received from him, the mortgage…

2Cases cited1 opinion

  1. Murray v. LylburnNew York Court of Chancery · 1817

3Cited by23 opinions

  1. People's Savings Bank v. BatesSupreme Court of the United States · 1887
  2. Bloomer v. HendersonMichigan Supreme Court · 1860
  3. Moran v. PalmerMichigan Supreme Court · 1865
  4. Smith v. RumseyMichigan Supreme Court · 1876
  5. Dickinson v. WrightMichigan Supreme Court · 1885

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