Hanold v. Kays
Michigan Supreme Court
Appeal from Yan Burén. (Mills, J.) Bill filed to correct mistake in the description of land in a mortgage, and to foreclose the same. Defendant Kays appeals. The facts are stated in the opinion.
1Opinion of the Court
Morse, X
This is a suit in equity to rectify a mistake made in the drafting of a mortgage as to the description of the premises, and to foreclose the same upon the land in-' tended to be conveyed therein.
The facts as to the inception of the mortgage are undisputed.
The defendant George W. Owen, on the twenty-third day of June, 1883, borrowed $600 of the complainant. He and his wife gave their note for said sum, payable in one year, with interest at 8 per cent., and secured the same by a real estate mortgage executed and delivered the same day.
The land was known as the “ Lensenmayer forty,” and…
2Cases cited3 opinions
- Boxheimer v. GunnMichigan Supreme Court · 1872
- Outhwite v. PorterMichigan Supreme Court · 1865
- Bostwick v. DodgeMichigan Supreme Court · 1844
3Cited by7 opinions
- Ellis v. NickleSupreme Court of Arkansas · 1937
- Harris v. EvansSupreme Court of Georgia · 1910
- Iowa Nat. Bank v. ShermanSouth Dakota Supreme Court · 1903
- Maynard v. DavisMichigan Supreme Court · 1901
- Hogan v. Detroit United RailwayMichigan Supreme Court · 1905
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