Smith v. Austin
Michigan Supreme Court
Appeal from Sanilac Circuit in Chancery. Complainant filed Ms bill against Roswell Reed, Calvin P. Austin, William Warner, Frederick S. Ayers and Charles G. Learned, setting forth, That on March 5, 1855, William A. Howard, who was then owner of certain tracts of land, known as the Port Austin property, containing about nine thousand acres, gave a mortgage thereof to Almet Reed, to secure the payment of $15,000, with interest, which mortgage was assigned to Roswell Reed,…
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Appeal from Sanilac Circuit in Chancery. Complainant filed Ms bill against Roswell Reed, Calvin P. Austin, William Warner, Frederick S. Ayers and Charles G. Learned, setting forth, That on March 5, 1855, William A. Howard, who was then owner of certain tracts of land, known as the Port Austin property, containing about nine thousand acres, gave a mortgage thereof to Almet Reed, to secure the payment of $15,000, with interest, which mortgage was assigned to Roswell Reed, December 4, 1855. That on November 10, 1858, Rollin C. Smith, Alfred A. Dwight and William A. Howard, who were then owners…
1Opinion of the Court
Christiancy J.:
Does the bill show such title or interest of the complainant in the mortgaged premises as entitles him to the relief asked? This is the only question presented by the demurrer.
As the facts stated in the bill are somewhat numerous and complicated, and a full abstract of the bill and exhibits will accompany the report, I do not deem it necessary to incorporate such abstract in the opinion, but, for the sake of brevity, shall proceed directly to the main question, the bearing of which will be fully rmderstood by reference to the bill.
The bill is essentially a bill for the…
2Cited by14 opinions
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