Shafer v. Niver
Michigan Supreme Court
Appeal from Lapeer Circuit in Chancery. The facts in the case are for the most part fully stated in the opinion. In addition to what is there set forth, it may be added that, by the terms of the land contract between Henry and George Niver and complainant, it wag provided that “ if any of the payments and conditions above set forth, on the part of the said party of the second part to be made and performed, shall not be made and performed in conformity with the terms…
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Appeal from Lapeer Circuit in Chancery. The facts in the case are for the most part fully stated in the opinion. In addition to what is there set forth, it may be added that, by the terms of the land contract between Henry and George Niver and complainant, it wag provided that “ if any of the payments and conditions above set forth, on the part of the said party of the second part to be made and performed, shall not be made and performed in conformity with the terms hereinbefore set forth, the payments previously made shall be forfeited, and the premises, with the buildings and improvements…
1Opinion of the Court
Cambbeel J.:
The bill in this cause is filed to redeem certain premises covered by securities now in the hands of the defendant, Peter C. Niver, a part being subject to an ordinary mortgage, and in a part of which he holds the legal title, and an equitable mortgage of the equitable title.
March 10, 1852, complainant, owning one undivided third of the south west quarter of section 27, and of the north west quarter of section 84, in town 9 north of range 9 east, in Lapeer county, upon which was a saw mill, purchased the remaining two-thirds of George and Henry Niver, by an ordinary land contract,…
2Cited by4 opinions
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- Spedden v. SykesWashington Supreme Court · 1908
- State v. BlaserSupreme Court of Louisiana · 1884