Legal Opinion

Nims v. Vaughn

Michigan Supreme Court

Decided January 31, 1879PublishedCited by 20 opinions

Appeal from Kent. Specific performance. Defendant appeals.

1Opinion of the CourtCooley, J.

In June, 1874, Dwight Nims and Ann, his wife, gave to the defendant Vaughn a mortgage on six acres of land platted into city lots in Grand Eapids to secure the payment of $4,400 in two years, with ten per centum interest. The sum named in the mortgage was made up of about $4,000 money loaned and about $400 expenses and services in examining title, etc. In the course of the negotiation, but at precisely what stage is in dispute between the parties, Vaughn signed and delivered to Nims the following paper:

“ Whereas, Dwight Nims and Ann W. Nims, his wife, has this day executed a mortgage to me…

2Cases cited2 opinions

  1. Chambers v. LivermoreMichigan Supreme Court · 1867
  2. Vaughn v. NimsMichigan Supreme Court · 1877

3Cited by20 opinions

  1. Eldridge v. BurnsCalifornia Court of Appeal · 1978
  2. Sacramento Suburan Fruit Lands Co. v. WhaleyCalifornia Court of Appeal · 1920
  3. Kerschensteiner v. Northern Michigan Land Co.Michigan Supreme Court · 1928
  4. Gammel v. GoodeSupreme Court of Iowa · 1897
  5. Commercial Bank v. HillerMichigan Supreme Court · 1895

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