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1 Harr. Ch. 363

Weed v. Lyon

Michigan Court of Chancery

Decided July 1, 1841

Michigan Court of Chancery · decided 1841-07-01

The bill of complaint in this case was filed Nov. 16, 1840, and sets forth that on the 6th day of June, 1837, John Hale was indebted to complainants, in the sum of $3038,37, for goods, &e., and the said Hale being seized of, or prelendingto be seized of the fee of lots 16, 17, and 18, on the Military Reservation, so called, on the south side of Congress street, in the city of Detroit, free from all incumbrance, executed with his wife Felicite, a mortgage on the premises…

Decided 1841-07-01

The The Chancellor.

¶1The act of April 12,1827, entitled “ an act concerning mortgages, ” prescribes the manner in which mortgages *365may be registered. This being an act expressly in relation to gages, and general in its terms, is not controlled in relation to the record of mortgages by the act of the same dale, entitled “ an act concerning deeds and conveyances.” Therefore the record of the mortgage of Lyon in the County Registry, according to the requirements of the act first mentioned was legal and valid, and a constructive notice under the statute to any subsequent mortgagee or grantee of the same premises. As this conclusion upon the construction of these statutes is conclusive upon the equity of the case made by the bill, the demurrer must be allowed and the bill dismissed.

¶2Bill dismissed.

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