Legal Opinion

McKisson v. Davenport

Michigan Supreme Court

Decided November 14, 1890PublishedCited by 30 opinions

Appeal from Eaton. (Hooker, J.) Bill to remove a cloud caused by mortgages claimed to be outlawed under Act No, 204, Laws of 1879, and to set aside statutory foreclosures of the same. Answer claims the benefit of a cross-bill, and prays that the foreclosure proceedings be declared valid. The facts are stated in the opinion.

1Opinion of the CourtChamplin, C. J.

This is a bill in equity, but there is no equity in the bill.

Complainants allege that they are joint owners of the N. W-. i -of section 25 ■ in township 2 N., range 3 W; that, on September 1, 1862, Ira Davenport conveyed the E. of the above-described land to John W. Reed, and took back a purchase-money mortgage for $440 secured upon the land sold; and that on the same day the complainant Isaac McKisson purchased from said Ira Davenport the W. i'of the N. W. and, to secure a part of the purchase money, gave to said Ira Davenport a mortgage upon the land purchased by him for $440,—both…

2Cases cited4 opinions

  1. Harrison v. MetzMichigan Supreme Court · 1868
  2. People ex rel. Parsons v. Circuit JudgeMichigan Supreme Court · 1877
  3. Ludwig v. StewartMichigan Supreme Court · 1875
  4. Eyck v. WingMichigan Supreme Court · 1848

3Cited by30 opinions

  1. Lothian v. City of DetroitMichigan Supreme Court · 1982
  2. Fullerton v. LammOregon Supreme Court · 1945
  3. Miller v. FallonSupreme Judicial Court of Maine · 1936
  4. Tarnow v. Railway Express AgencyMichigan Supreme Court · 1951
  5. Buzzn v. Muncey Cartage Co.Michigan Supreme Court · 1929

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