Dutton v. Ives
Michigan Supreme Court
Appeal from Clinton Circuit in Chancery. The bill in this case was filed against Warren Ives, William Walker, and Cyllania Walker, to foreclose a mortgage executed by the Walkers to Morris S. Allen, bearing date January 14th, 1854, recorded in the office of the register of deeds for Clinton county, February 6th, 1854, and assigned to the complainant, December 29th, 1855, by one Joseph Hollister, who was the assignee of the said Allen; which mortgage was given to secure the…
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Appeal from Clinton Circuit in Chancery. The bill in this case was filed against Warren Ives, William Walker, and Cyllania Walker, to foreclose a mortgage executed by the Walkers to Morris S. Allen, bearing date January 14th, 1854, recorded in the office of the register of deeds for Clinton county, February 6th, 1854, and assigned to the complainant, December 29th, 1855, by one Joseph Hollister, who was the assignee of the said Allen; which mortgage was given to secure the payment of a negotiable note of $650, in annual installments running through seven years. The bill contains the usual…
1Opinion of the Court
Manning J.:
If we admit Ives has made out a case that would' entitle him to have the Cobb mortgage apply in payment of the Walker mortgage, as against Allen, the mortgagee, it can not avail him in the present suit brought by Dutton, the assignee of the mortgage. The assignee of a mortgage takes it subject to all equities existing between the mortgagor and mortgagee. This, as a general rule, is correct, but, like most general rules, it has its exceptions; ’ and the case before us is one of them.
The mortgage is for the payment of Walker’s promissory note, given to Allen, and made payable to him,…
2Cited by13 opinions
- Wilson v. CampbellMichigan Supreme Court · 1896
- People ex rel. Esper v. BurnsMichigan Supreme Court · 1910
- Stilwell v. KelloggWisconsin Supreme Court · 1861
- Williams v. KeyesMichigan Supreme Court · 1892
- Blumenthal v. JassoySupreme Court of Minnesota · 1882
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