Jeffery v. Hursh
Michigan Supreme Court
Error to Bay. (Green, J.) Ejectment. Defendants bring- error. A conveyance absolute on its face with an instrument of even date to reconvey on repayment of the consideration with interest is ¡prima facie a mortgage: Jones on Mortgages, § 244; Taylor v. Weld 5 Mass" 109 ; Bailey v. Bayley 5 Gray 505 ; Murphy v. Galley 1 Allen 1Ó7; Acme v. Shears 1 Wend. 433; Fnos v. Sutherland 11 Mich. 539 ; Boach v. Cosine 9 Wend. 227.
1Opinion of the CourtChamplin, J.
Plaintiffs, as heirs-at-law of John Jeffery, deceased, brought ejectment to recover possession of the west half of the northeast quarter of section 22, township 14 north, range 4 east, in Isabella county. They claim title in fee. On the 10th day of March, 1856, John M. Hursh, now deceased, acquired the title in fee-simple to the land in question by patent from the United States, and some time afterwards gave a mortgage thereon to one Ganson, and another to John Jeffery. At this time the defendant Elizabeth Hursh, was the wife of John Hursh, the mortgagor, and joined with him in the execution…
2Cases cited1 opinion
- Gilbert v. KennedyMichigan Supreme Court · 1870
3Cited by23 opinions
- Sinclair v. GunzenhauserIndiana Supreme Court · 1912
- United States v. WilsonU.S. Circuit Court for the District of Idaho · 1891
- Kerschensteiner v. Northern Michigan Land Co.Michigan Supreme Court · 1928
- Adair v. AdairOregon Supreme Court · 1892
- Sant v. Perronville Shingle Co.Michigan Supreme Court · 1914
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