Miller v. Thompson

Cooley, Cix. J:

The bill in this case was filed to foreclose two mortgages given by Sackfield Macklin upon lands subsequently sold by him to the defendant Thompson. The deed to Thompson was the usual warranty deed with the following clause added *11at the conclusion: “Excepting, however, as against two certain mortgages held by Sidney D. Miller, of Detroit, amounting to six thousand dollars, as of this date, which mortgages the party of the second part assumes and agrees to pay.” One of these mortgages had previously by mistake been discharged of record, and the bill sought to have this discharge…