Gilbert v. Haire
Michigan Supreme Court
Appeal from Ottawa. Petition to vacate foreclosure sale. The petition avers that on June 24, 1856, John Haire mortgaged certain property to Thomas D. and Francis B. Gilbert; that in 1868 the petitioner Burnham received direct and , mesne conveyance of portions of this property free of iincumbrance except the Gilbert mortgage, and that he isold the same to W. Herbert Haire, from whom he took 'in return a mortgage upon them; that on October 28, 1875, complainant Gilbert…
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Appeal from Ottawa. Petition to vacate foreclosure sale. The petition avers that on June 24, 1856, John Haire mortgaged certain property to Thomas D. and Francis B. Gilbert; that in 1868 the petitioner Burnham received direct and , mesne conveyance of portions of this property free of iincumbrance except the Gilbert mortgage, and that he isold the same to W. Herbert Haire, from whom he took 'in return a mortgage upon them; that on October 28, 1875, complainant Gilbert obtained a decree of foreclosure upon the mortgage which he held, and afterwards assigned the same to Eobert A. Haire, who bid…
1Opinion of the CourtCooley, J.
No one disputes that Mr. Burnham, the petitioner, had a legal right to have all the other lands which were embraced in the Gilbert decree sold for its satisfaction, before resort should be had to the parcel upon which Burnham himself had a lien. 'This parcel was the first which John Haire, the mortgagor in the Gilbert mortgage, had alienated after that mortgage was given, and by a well-settled principle of equity Burnham had a right to understand that all the remainder stood first charged with the payment of the Gilbert debt. Cooper v. Bigly 13 Mich. 463; McKinney v. Miller 19 Mich. 142.
It is…
2Cases cited3 opinions
- Cooper v. BiglyMichigan Supreme Court · 1865
- McKinney v. MillerMichigan Supreme Court · 1869
- Bullard v. GreenMichigan Supreme Court · 1862
3Cited by7 opinions
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- Greenberg v. KaplanMichigan Supreme Court · 1936
- MacKlem v. Warren Construction Co.Michigan Supreme Court · 1955
- Railway Co. v. JamesSupreme Court of Arkansas · 1891
- In Re PriceUnited States Bankruptcy Court, E.D. Michigan · 1985
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