King v. Welborn
Michigan Supreme Court
Appeal from St. Joseph. (Loveridge, J.) Bill to foreclose a mortgage. Defendant Welborn appeals from an order directing the payment to the petitioner, defendant Pratt, of one-half of the surplus realized on a sale of the premises. The facts are stated in the opinion.
1Opinion of the CourtGrant, J.
Upon the foreclosure of a mortgage executed by the defendants April 6, 1882, the surplus in excess of the amount due, including costs, was $1,375.50. Defendant Jacob A. Pratt thereupon filed a petition claiming one-half of this amount, and asking that it be decreed to him. The defendant Welborn answered said petition, and interposed two objections to petitioner's claim:
1. That he owned the land by virtue of a sheriff's sale upon execution, and deed in pursuance thereof.
2. That he holds an equitable lien upon the fund as against the petitioner.
The defendants Alfred Welborn and Jacob A. Pratt…
2Cases cited8 opinions
- Orr v. ShraftMichigan Supreme Court · 1871
- Skinner v. ShannonMichigan Supreme Court · 1880
- Laughlin v. WrightCalifornia Supreme Court · 1883
- Cleaver v. BigelowMichigan Supreme Court · 1886
- Tharp v. AllenMichigan Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Smith v. Guckenheimer & SonsSupreme Court of Florida · 1900
- Hill v. First National BankSupreme Court of Florida · 1917
- Deford v. Painter, SheriffSupreme Court of Oklahoma · 1895
- Morgan v. BaileySupreme Court of Florida · 1925
- Barnes v. City of DetroitMichigan Supreme Court · 1967
17 more not listed; retrieve them via the Exa API.