Detroit & Milwaukee Railroad v. Griggs
Michigan Supreme Court
Appeal in chancery from Wayne Circuit. The complainants, by leave of the Court, filed their bill of complaint, setting forth: That on May 23, 1854, the Detroit and Pontiac Railroad Company purchased lots eleven, twelve and thirteen, according to the recorded plat of the Lambert Beaubien farm, of Thomas Firby, for $17,000, and received therefor a deed with covenants against incumbrances and of title; that they paid Firby $1,000 down, and gave him a mortgage for $16,000, the…
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Appeal in chancery from Wayne Circuit. The complainants, by leave of the Court, filed their bill of complaint, setting forth: That on May 23, 1854, the Detroit and Pontiac Railroad Company purchased lots eleven, twelve and thirteen, according to the recorded plat of the Lambert Beaubien farm, of Thomas Firby, for $17,000, and received therefor a deed with covenants against incumbrances and of title; that they paid Firby $1,000 down, and gave him a mortgage for $16,000, the balance of the purchase price, with interest at ten per cent; that the company then supposed the premises purchased were…
1Opinion of the Court
Manning J.:
It is insisted that the relief sought by the present bill should have been made a defense in the case of Griggs v. The Detroit and Milwaukee Railway Company, and others, reported in 10 Mich. 117. The Penny and Wilder mortgages had not then been paid by complainant. Had they been paid at that time by complainant, the objection would be conclusive. Complainant insisted in its answer to that suit, that it was entitled to have the amount of these mortgages deducted from its mortgage to Firby, without having first paid them.
That was the defense made in that suit. The Court decided…
2Cases cited1 opinion
- Griggs v. Detroit & Milwaukee Railway Co.Michigan Supreme Court · 1862
3Cited by2 opinions
- Central Appalachian Co. v. BuchananCourt of Appeals for the Sixth Circuit · 1898
- Flanders v. ChamberlainCircuit Court of the 43rd Circuit of Michigan · 1871