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1 Walk. Ch. 494

Gilbert v. Cooley

Michigan Court of Chancery

Decided November 15, 1844

Michigan Court of Chancery · decided 1844-11-15

Motion to dissolve injunction for want of equity in the bill, by complainant, as surviving partner of the firm of Fitch & Gilbert. The bill was filed to foreclose a mortgage; and stated that no valid proceedings.had been had to collect the same.

Decided 1844-11-15

The Chancellor.

¶1It is not necessary on this motion to inquire into the validity of the statutory foreclosure. Conceding it to be irregular, and no bar to the equity of redemption, the sale and sheriff’s deed transferred Fitch and Gilbert’s interest in the mortgage to Charles T. Gilbert, the purchaser. Jackson v. Bowen, 7 Cow. R. 13. Whatever interest they had in the mortgage at the time of sale, he now has; and he, either alone, or in connection with his subsequent grantees, should have filed the bill; and not the complainant, who has no interest in the mortgage or mortgaged premises. C. T. Gilbert is not a party.

¶2Injunction dissolved, with $5 costs.

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