Clark v. Landon
Michigan Supreme Court
Appeal from Berrien. (O’Hara, J.) Bill to declare a deed and land contract a mortgage, and for an accounting.. Defendants appeal. The facts are stated in the opinion.
1Opinion of the CourtMorse, C. J.
James Clark, the complainant in this case, in January, 1871, was the owner of certain real property in the city of Niles. He had mortgaged this property to one Thomas G. Wickham and others for large amounts, which he was unable to pay. Some of .the mortgages were in process of foreclosure, and he was liable to lose all the property. He finally made an arrangement with Wickham by which the latter was to assume and pay all this mortgage indebtedness, and give Clark a chance to redeem the premises. To this end Clark and his wife, on the 28th day of January, 1871, executed a warranty deed of the…
2Cases cited1 opinion
- Swetland v. SwetlandMichigan Supreme Court · 1855
3Cited by17 opinions
- Sinclair v. GunzenhauserIndiana Supreme Court · 1912
- Fort v. ColbySupreme Court of Iowa · 1913
- Voris v. RobbinsSupreme Court of Oklahoma · 1915
- Kerschensteiner v. Northern Michigan Land Co.Michigan Supreme Court · 1928
- Wiswell v. SimmonsSupreme Court of Kansas · 1908
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