Fosdick v. Husan
Michigan Supreme Court
Appeal in Chancery from Washtenaw Circuit. The bill in this cause was filed by Jonathan D. Fosdick, in the Circuit Court for the County of Washtenaw in Chancery, on the first day of July, 1869, against Caleb Yan Husan, to redeem, after a foreclosure by advertisement and sale, a mortgage made by complainant to defendant, May 13, 1846. The foreclosure sale was made June 12, 1869. The bill alleges that the sale was made for the sum of nine hundred and eleven dollars and…
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Appeal in Chancery from Washtenaw Circuit. The bill in this cause was filed by Jonathan D. Fosdick, in the Circuit Court for the County of Washtenaw in Chancery, on the first day of July, 1869, against Caleb Yan Husan, to redeem, after a foreclosure by advertisement and sale, a mortgage made by complainant to defendant, May 13, 1846. The foreclosure sale was made June 12, 1869. The bill alleges that the sale was made for the sum of nine hundred and eleven dollars and fifty-four cents, including costs of sale, but that there was then’ due upon the mortgage only the sum of one hundred and…
1Opinion of the CourtGraves, J.
The object of this bill was to redeem certain premises from a mortgage executed by complainant to defendant on the thirteenth day of May, 1816, to secure the payment of *571$2,050, with annual interest, and made payable, principal and interest, by installments in a little over seven years.
The complainant sets forth in his bill certain payments claimed by him to have been made on the mortgage, and which, he alleges, reduced the incumbrance to $155 on the twelfth day of June, 1869. But that the defendant insisting that a much larger sum remained unpaid upon the mortgage than was in fact the case,…
2Cases cited3 opinions
- Beach v. President of the Fulton BankCourt for the Trial of Impeachments and Correction of Errors · 1829
- Moynahan v. MooreMichigan Supreme Court · 1860
- Van Dyke v. DavisMichigan Supreme Court · 1851
3Cited by11 opinions
- Walker v. SchultzMichigan Supreme Court · 1913
- Koehler v. BuhlMichigan Supreme Court · 1893
- Birznieks v. CooperMichigan Supreme Court · 1979
- Hawes v. Detroit Fire & Marine InsuranceMichigan Supreme Court · 1896
- Grover v. FoxMichigan Supreme Court · 1877
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