Lee v. Kellogg
Michigan Supreme Court
Appeal from Van Burén; Buck, J. Bill by Wilson Lee against Harriett I. Kellogg and Mary Baker to foreclose a mortgage. From a decree dismissing the bill, complainant appeals. Mary Baker, being the owner of 40 acres of land, on March 30, 1893, executed to one George E. Breck a mortgage thereon for $1,000, collateral to six notes, — one for the principal amount, and five interest coupon notes. The mortgage was recorded on the day following its execution.
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Appeal from Van Burén; Buck, J. Bill by Wilson Lee against Harriett I. Kellogg and Mary Baker to foreclose a mortgage. From a decree dismissing the bill, complainant appeals. Mary Baker, being the owner of 40 acres of land, on March 30, 1893, executed to one George E. Breck a mortgage thereon for $1,000, collateral to six notes, — one for the principal amount, and five interest coupon notes. The mortgage was recorded on the day following its execution. June 26, 1893, Breck sold and delivered the notes and mortgage to one Hubbard, accompanying the same with the usual form of assignment. March…
1Opinion of the CourtGrant, J.
(after stating the facts). The theory of the complainant’s bill, and of his answer to the cross-bill, was that he owned and had in his possession the original and genuine mortgage and notes. He did not prove, or attempt to prove, their execution; but, although forgeries, they were admitted in evidence. The complainant made no case entitling him to relief. Under his bill it was incumbent upon him to prove and produce the original mortgage and notes. His bill was not framed upon the theory upon which he now seeks to recover.
Forged papers cannot be made the basis of a recovery, either at law or…
2Cases cited5 opinions
- Crawford v. HoeftMichigan Supreme Court · 1885
- Williams v. KeyesMichigan Supreme Court · 1892
- Austin v. DeanMichigan Supreme Court · 1879
- Camp v. CarpenterMichigan Supreme Court · 1884
- Laprad v. SherwoodMichigan Supreme Court · 1890
3Cited by4 opinions
- Horvath v. National Mortgage Co.Michigan Supreme Court · 1927
- Second National Bank of New Haven v. DyerSupreme Court of Connecticut · 1936
- Babcock v. YoungMichigan Supreme Court · 1898
- ABF Environmental, Inc. v. Capital One, N.A.District Court, E.D. Michigan · 2020