Ruggles v. First National Bank
Michigan Supreme Court
Error to St. Joseph. Trover. Defendant brings error. A foreclosure sale does not become absolute until confirmed (Demaray v. Little 17 Mich. 386) and an assignee of the mortgager is entitled until then to possession and the income from the land, Wagar v. Stone 36 Mich. 366; Newton v. McKay, 30 Mich. 380; Howard v. Bond 42 Mich. 131. Crops pass on foreclosure with the land, Vanderkarr v. Thompson 19 Mich. 82; Tripp v. Hasceig 20 Mich., 254; Seriven v. Moote 36 Mich. 64; on…
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Error to St. Joseph. Trover. Defendant brings error. A foreclosure sale does not become absolute until confirmed (Demaray v. Little 17 Mich. 386) and an assignee of the mortgager is entitled until then to possession and the income from the land, Wagar v. Stone 36 Mich. 366; Newton v. McKay, 30 Mich. 380; Howard v. Bond 42 Mich. 131. Crops pass on foreclosure with the land, Vanderkarr v. Thompson 19 Mich. 82; Tripp v. Hasceig 20 Mich., 254; Seriven v. Moote 36 Mich. 64; on confirmation of a foreclosure sale, the purchaser’s title relates bach to the time of delivery of the deed, Fuller v. Van…
1Opinion of the CourtGraves, J.
In November, 1878, the bank brought trover against Euggles for the conversion of six hundred bushels of oats and two hundred pounds of peppermint oil. He pleaded the general issue, and gave notice of special matter of defense. In the course of the trial, which occurred in March, 1879, the counsel for the bank, after the testimony was closed, asked leave to amend the declaration so as to count for the conversion of a specified crop of peppermint herbs instead of two hundred pounds of peppermint oil. An objection being made, the court observed that if the amendment was permitted it would be…
2Cases cited14 opinions
- Tilton v. CofieldSupreme Court of the United States · 1876
- Gray v. BrignardelloSupreme Court of the United States · 1864
- Lane v. KingNew York Supreme Court · 1832
- Osterberg v. Union Trust Co.Supreme Court of the United States · 1876
- Lynch v. BernalSupreme Court of the United States · 1870
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3Cited by5 opinions
- Austin v. AustinMichigan Supreme Court · 1912
- Missouri Valley Land Co. v. BarwickSupreme Court of Kansas · 1892
- Hilton v. DumpheyMichigan Supreme Court · 1897
- Diefenbaker v. PostMichigan Supreme Court · 1936
- Godfrey v. JohnsonCourt of Appeals of Maryland · 1927