Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 9Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, James M. Reasoner, Richard W. Cooper, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell Phelphs & Stevens, printers, 1862 - Law reports, digests, etc |
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Page 25
... mortgage , except the mortgagor himself ; the defense being personal . In Cook v . Dyer , 3 Ala . 643 , it was likewise held to be a personal defense which might be waived . And this would seem of necessity to follow 9 MICH . - C CRAIG ...
... mortgage , except the mortgagor himself ; the defense being personal . In Cook v . Dyer , 3 Ala . 643 , it was likewise held to be a personal defense which might be waived . And this would seem of necessity to follow 9 MICH . - C CRAIG ...
Page 28
... mortgage , which is claimed to have been discharged , the defendant claiming to own the mortgage cannot be called as a witness by the other defendants , since there can be no part of the case in which he is not personally interested ...
... mortgage , which is claimed to have been discharged , the defendant claiming to own the mortgage cannot be called as a witness by the other defendants , since there can be no part of the case in which he is not personally interested ...
Page 29
... mortgage or otherwise , and as well in possession as in expectancy , " to the premi- ses , reserving certain rights in a railroad for a period of three years . June 2 , 1855 , an agreement was made between Ralph Sackett and Gilbert ...
... mortgage or otherwise , and as well in possession as in expectancy , " to the premi- ses , reserving certain rights in a railroad for a period of three years . June 2 , 1855 , an agreement was made between Ralph Sackett and Gilbert ...
Page 30
... mortgage to remedy the mistake . There can be no doubt that the conveyance , from Gil- bert Hathaway to Sackett , discharged the mortgage . And the questions in this case may therefore be narrowed down to the inquiry : First , whether ...
... mortgage to remedy the mistake . There can be no doubt that the conveyance , from Gil- bert Hathaway to Sackett , discharged the mortgage . And the questions in this case may therefore be narrowed down to the inquiry : First , whether ...
Page 31
... mortgage is produced or accounted for , it must be presumed paid as against the party setting up the mortgage . This is in accordance with well settled principles . In the case now before us , the notes are not produced , and we are ...
... mortgage is produced or accounted for , it must be presumed paid as against the party setting up the mortgage . This is in accordance with well settled principles . In the case now before us , the notes are not produced , and we are ...
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Common terms and phrases
action administrator alleged AMBERG amount appear Austin bill bond CAMPAU CAMPBELL Campus Martius cause Chancery charter CHRISTIANCY Circuit Court CITY OF DETROIT claimed commissioners common law Comp complainant construction contract conveyance corporation creditors cross-examination debt debtor decree deed defendant in error DEWEY direct examination entitled equity evidence execution facts filed held husband Ibid Indians intended interest issue Jackson and Michigan Judge judgment jury Knapp land liable lien locus in quo mandamus MARTIN CH ment Michigan Plank Road misjoinder mortgage Newbould notes notice objection paid party payment Perce person plaintiff in error Plank Road Company pleadings Port Huron premises proceedings promissory note proof purchase purpose question Recorder's Court repair replevin reservee rule Saginaw statute suit taken testimony thereof tion township treaty treaty of Saginaw trial usurious WALES Wend wife witness writ
Popular passages
Page 74 - The real and personal estate of every female, acquired before marriage, and all property to which she may afterwards become entitled, by gift, grant, inheritance, or devise, shall be and remain the estate and property of such female, and shall not be liable for the debts, obligations or engagements of her husband ; and may be devised or bequeathed by her as if she were unmarried.
Page 400 - If he wishes to -examine him as to other matters, he must do so by making the witness his own, and calling him, as such, in the subsequent progress of the cause.
Page 340 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 317 - But nothing herein contained shall render any person who in any criminal proceeding is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself...
Page 338 - The special assessment roll and a certified order or resolution confirming the same shall be prima facie evidence of the regularity of all the proceedings in making the assessment, and of the right of the city to recover judgment therefor.
Page 351 - ... it shall and may be lawful for the party of the first part...
Page 248 - ... under him as heir, devisee or otherwise, in case the conveyance had been made according to the terms of the contract...
Page 367 - Every person who, by virtue of any grant, assignment or devise, now is or hereafter shall be, entitled to the actual possession of lands and the receipt of the rents and profits thereof, in law or in equity, shall be deemed to have a legal estate therein of the same quality and duration, and subject to the same conditions as his beneficial interest.
Page 228 - States, and do authorize and empower him to execute and fulfill the duties of that office according to Law; and to have and to hold the said office with all the powers, privileges and emoluments to the same of right appertaining during the pleasure of the President of the United States for the time being.
Page 123 - And it shall be lawful for the State Board of Health to issue such license on application made to...