Stabler v. Clark
Michigan Supreme Court
Appeal from Ingham; Wiest,'J. Bill by Charles F. Stabler against Andrew C. Clark and Gertrude Clark for the foreclosure of a mortgage. Defendants filed an answer in the nature of a cross-bill praying for a discharge of said mortgage. From a decree for complainant, defendants appeal.
1Opinion of the CourtOstrander, J.
The bill of complaint, filed to foreclose a real estate mortgage, sets out, and the, answer of defendants admits, the execution, date, amount, and terms of the note and mortgage. There is in the bill an averment of the amount due and unpaid. The answer denies that this sum is unpaid, and asserts that there is unpaid a much smaller sum. And in the cross-bill of defendants it is affirmatively asserted that at the time of filing the bill there was only the smaller sum unpaid, which sum defendants had tendered and had demanded a discharge of the mortgage. At the hearing it was objected to the…
2Cases cited2 opinions
- Weaver v. BromleyMichigan Supreme Court · 1887
- Collins v. ShawMichigan Supreme Court · 1900
3Cited by2 opinions
- Southern Ry. Co. v. Mooresville Cotton MillsCourt of Appeals for the Fourth Circuit · 1911
- Conroy v. HaffnerMichigan Supreme Court · 1914