Buck v. Sherman
Michigan Supreme Court
Appeal from Chancery. The object of the bill in this case was to remove a cloud upon the title of premises levied upon by virtue of an execution in favor of Buck, the complainant, against Benjamin Sherman. The cause was heard upon the bill, supplemental bill, answers of the defendants, and replications thereto.
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Appeal from Chancery. The object of the bill in this case was to remove a cloud upon the title of premises levied upon by virtue of an execution in favor of Buck, the complainant, against Benjamin Sherman. The cause was heard upon the bill, supplemental bill, answers of the defendants, and replications thereto. The case was substantially as follows : The complainant, holding the promissory notes of Benjamin Sherman, to the amount of about $2,500, which were due and unpaid, on the 1st May, 1840, instituted a suit against him in St. Joseph Circuit Court, for the recovery thereof, and such…
1Opinion of the CourtWhipple, J.
The complainant having acquired a specific lien on the real estate described in the bill, his right to invoke the aid of a court of chancery to set aside the mortgage executed by Benjamin to Elias B. Sherman, is unquestionable, if, from the facts disclosed on the hearing, it shall be apparent that the mortgage was executed with a view to defraud creditors. Such a mortgage constitutes a cloud on the title, to remove which the complainant has a right to appeal to the powers with which courts of equity are armed, and which are liberally and beneficially exercised in a large class of cases. Was,…
2Cited by9 opinions
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- Greiner v. KleinMichigan Supreme Court · 1873
- King v. MerrittMichigan Supreme Court · 1887
- Fraser v. PassageMichigan Supreme Court · 1886
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