Legal Opinion

Hawes v. Detroit Fire & Marine Insurance

Michigan Supreme Court

Decided May 19, 1896PublishedCited by 14 opinions

Appeal from Kalamazoo; Buck, J. Bill by Josiah L. Hawes against the Detroit Fire & Marine Insurance Company to set aside a sheriff’s deed on foreclosure. From a decree for complainant, defendant appeals.

1Opinion of the CourtMontgomery, J.

Complainant filed a bill to set aside a deed made on a statutory foreclosure of a mortgage executed by himself and wife. The mortgage contained a provision that in case of default in payment of the interest at its maturity, continuing for a period of 30 days, the principal sum, with all the arrearages of interest, should become due and payable immediately. The property mortgaged was described in the mortgage as follows:

“The southwest quarter, (160) one hundred sixty acres, and the southerly thirty (30) acres of the east half of the northwest quarter, section number nineteen (19); also, that…

2Cases cited4 opinions

  1. Johnson v. Van VelsorMichigan Supreme Court · 1880
  2. Harper v. ElyIllinois Supreme Court · 1870
  3. Fosdick v. HusanMichigan Supreme Court · 1870
  4. Huyck v. GrahamMichigan Supreme Court · 1890

3Cited by14 opinions

  1. Walker v. SchultzMichigan Supreme Court · 1913
  2. Dieter v. BowersCourt of Appeals of Texas · 1905
  3. Harrison v. BealsOregon Supreme Court · 1924
  4. Formall, Inc v. Community National BankMichigan Court of Appeals · 1984
  5. Strong v. Stoneham Co-operative BankMassachusetts Supreme Judicial Court · 1970

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