Sheldon v. Holmes
Michigan Supreme Court
Appeal from Calhoun. (Hooker, J.) Bill to vacate discharge of mortgage and for foreclosure. Defendant Abiram Holmes appeals. Compounding of interest is illegal: Van Hus am v. Eanouse 13 Mich. 303; Havens v. Jones Jo Mich. 253 ; Hoyle v. Page J1 Mich. 533; equity may give relief where a mortgage has by accident been discharged : Story’s Eq.
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Appeal from Calhoun. (Hooker, J.) Bill to vacate discharge of mortgage and for foreclosure. Defendant Abiram Holmes appeals. Compounding of interest is illegal: Van Hus am v. Eanouse 13 Mich. 303; Havens v. Jones Jo Mich. 253 ; Hoyle v. Page J1 Mich. 533; equity may give relief where a mortgage has by accident been discharged : Story’s Eq. Jur. §§ 117-120,133-135,137, 138; Broughton v. Hxiti 3 DeG. & J. 501; Bentley v. Mackevy 15 Beav. 12 ; but not as against a bona fide purchaser : Story’s Eq. 139; Spence’s Eq. Jur. 733; Basset v. Noseworthy 2 Lead. Cas. in Eq. 1; Attorney General v. Wilkins…
1Opinion of the CourtCooley, C. J.
This is a suit in equity. The purpose of the suit is to obtain a decree vacating a discharge of mortgage which was entered upon the record by inadvertence or error, and also a foreclosure of the mortgage as against a .party to whom the mortgagor had conveyed the land after the discharge had been entered, but with notice, as the bill avers, that the mortgage had not been paid.
The facts, as they are disclosed b}7 the evidence, we find to be the following:
Thomas Holmes, the mortgagor, borrowed of complainant .on May 29, 1860, the sum of fourteen hundred dollars, and gave him a mortgage in…
2Cited by6 opinions
- Ferguson v. GlassfordMichigan Supreme Court · 1888
- Security Trust Co. of Freeport v. MartinSupreme Court of Arkansas · 1928
- E. B. Millar & Co. v. OlneyMichigan Supreme Court · 1888
- Lowry v. BennettMichigan Supreme Court · 1899
- Morris v. BeecherNorth Dakota Supreme Court · 1890
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