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11 Mich. 177

Van Brunt v. Wakelee

Michigan Supreme Court

Decided December 6, 1863

Michigan Supreme Court · decided 1863-12-06

Appeal in Chancery from Calhoun Circuit. Complainant filed her bill to redeem from a chattel mortgage a quantity of wheat, which she had mortgaged while growing, and which at the time of filing the bill had been harvested and stacked upon her premises.

Decided 1863-12-06

Martin Ch. J.:

¶1Without going into any extended discussion of the respective rights of a mortgagor and mortgagee of chattels after foreclosure, it is very clear from all the analogies of the law, and upon general principles, that a mortgagor has a right to redeem at any time before foreclosure. In the case of a mortgage of chattels this can only be done by a reduction of the property into possession, or by a sale pursuant to the power contained in the instrument. Neither was done in this case. The assertion of Wakelee that he refused the tender, and that he should take the entire wheat, so long as he did not take it, was no foreclosure j and the offer to pay the debt as alleged in the bill was in season, and discharged the mortgage.

¶2The decree is affirmed, with costs.

The other Justices concurred.
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