Webber v. Lawrence
Michigan Supreme Court
Appeal from Saginaw; Wilber, J. Bill by William L. Webber, executor and trustee of the estate of Jesse Hoyt, deceased, against Frank Lawrence,. Edward Corning, and others, to foreclose a mortgage. From a decree of foreclosure denying a personal decree-against defendant Corning, complainant appeals.
1Opinion of the CourtHooker, J.
On November 10, 1894, Frank Lawrence-was the owner of a building in Saginaw, upon which he-had previously given a mortgage for $15,000. It was held by the complainant. Lawrence was embarrassed, pecuniarily, and on that day he obtained from defendant *631Corning his indorsement upon Lawrence’s note for $5,000, which Lawrence negotiated and obtained the money upon. At the same time he executed and delivered to Corning a warranty deed of the premises, which deed contained the following provision, viz.:
“The said Lawrence covenants that he is well seised of the above-granted premises in fee simple;…
2Cases cited4 opinions
- Johnson v. ShepardMichigan Supreme Court · 1876
- McCrickett v. WilsonMichigan Supreme Court · 1883
- Withers v. MorrellNew York Court of Chancery · 1842
- Gage v. JenkinsonMichigan Supreme Court · 1885
3Cited by2 opinions
- Guardian Depositors Corp. v. BrownMichigan Supreme Court · 1939
- Schmitt v. MerrimanAppellate Court of Illinois · 1902