Abele v. McGuigan
Michigan Supreme Court
Appeal from Berrien. (O'Hara, J.) Original bill to restrain foreclosure of mortgage, and for accounting of rents and profits had by mortgagee. Cross-bill for foreclosure of mortgage, etc. Original complainants appeal from decree for foreclosure. Amount found due by circuit judge reduced, and decree entered for such reduced amount. The facts are stated in the opinion.
1Opinion of the CourtMorse, J.
In March, 1869, Jonathan Rose, now deceased, was the owner of 80 acres of land in the township of Benton and county of Berrien, in this State. On the 3d day of that month he and his wife, Amelia Rose (now dead), executed and delivered to William J. Rose a warranty deed, without any conditions in said deed. William J. Rose was a, son of Jonathan and Amelia, the husband of the complainant Frederica Abele, and the father of the complainants Rose. On the same day, William J. Rose and ,his wife gave back to Jonathan a mortgage upon the land to secure eight notes for $175 each, with 7 per cent,…
2Cited by5 opinions
- Morgan v. Farmington Coal & Coke Co.West Virginia Supreme Court · 1924
- Pertuit v. DamareSupreme Court of Louisiana · 1898
- Nashville Trust Co. v. SmytheTennessee Supreme Court · 1895
- Beasley Hardware Co. v. StevensCourt of Appeals of Georgia · 1930
- Lockwood v. NobleMichigan Supreme Court · 1897