Legal Opinion

Citizens' State Bank v. McGraft Lumber Co.

Michigan Supreme Court

Decided January 23, 1900PublishedCited by 2 opinions

Appeal from St. Joseph; Yaple, J. Bill by the Citizens’ State Bank of Sturgis against the Sturgis Fair Association to foreclose a mortgage. The McGraft Lumber Company and others were made parties as subsequent incumbrancers. From a decree for complainant, defendant lumber company appeals.

1Opinion of the CourtMontgomery, C. J.

This is a bill filed to foreclose a mortgage given by the Sturgis Fair Association to the complainant on the 29th of July,' 1893, to secure certain outstanding obligations. The defendant McGraft Lumber Company is made defendant as a subsequent purchaser or incumbrancer. A considerable number of questions are discussed, but the controversy may be narrowed by a statement. The fair association is organized under Act No. 6 of the Public Acts of 1889. By section 9 of this act it is provided that:

‘ ‘ Said corporation shall also have power, when authorized by a majority vote of the stockholders…

2Cases cited5 opinions

  1. Beecher v. Marquette & Pacific Rolling Mill Co.Michigan Supreme Court · 1881
  2. Kendall v. BishopMichigan Supreme Court · 1889
  3. Campbell v. Argenta Gold & Silver Min. Co.U.S. Circuit Court for the District of Montana · 1892
  4. Hervey v. Illinois Midland Ry. Co.United States Circuit Court · 1884
  5. McKee v. Grand Rapids & Reed's Lake Street Railway Co.Michigan Supreme Court · 1879

3Cited by2 opinions

  1. Mintz v. JacobMichigan Supreme Court · 1910
  2. Hallett v. GordonMichigan Supreme Court · 1901

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