Fair v. Bowen
Michigan Supreme Court
Appeal from Manistee; McMahon, J. Bill by Campbell Fair against John D. Bowen, Arthur D. Bowen, and others to foreclose a mortgage. From a decree for complainant, defendant John D. Bowen appeals.
1Opinion of the CourtMontgomery, C. J.
This is one of those unfortunate cases in which one of two innocent parties is compelled to suffer through the default of a third party. The complainant held a mortgage upon land in Manistee county, given by defendant John D. Bowen, the land covered having been conveyed to Arthur D. Bowen after the execution of the mortgage. In March, 1894, a release of a part of the mortgaged premises was sent to one Leo F. Hale, and, upon Arthur D. Bowen turning over to him certificates of deposit amounting to something over' $800, *412with the understanding that $644 of this sum was to be received as payment…
2Cited by4 opinions
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- Wagner v. SpaethWyoming Supreme Court · 1927
- Wood v. MandrillaCalifornia Supreme Court · 1914
- Farmer v. WallinMissouri Court of Appeals · 1922