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25 Mich. 51

Baker v. Mather

Michigan Supreme Court

Decided April 25, 1872

Michigan Supreme Court · decided 1872-04-25

Appeals in Chancery’ from' Ionia Circuit. Esther E. Baker filed her bill against Amos R. Mather, Dennis H. Burns, Horace Roatch, and Henry W. King to foreclose a mortgage made to her by Mather and Burns, dated January 21, 1864, but which was not recorded until March 3, 1869. Roatch and King were made defendants as subsequent purchasers or incumbrancers. King alone answered, and the bill was taken as confessed by the other defendants.

Good law ✅— No negative treatment on recordhow we know

Decided 1872-04-25

How this case has been cited

Cited by 6 later decisions — most recently October 1980

5 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The question in these cases is one of priority between two mortgages. The second mortgage was recorded first, *53and there is no evidence that the mortgagee therein had actual notice of the existence of the prior mortgage when he took his. It appears, however, that the deed, under which the mortgagor held the land, expressly referred to this prior mortgage, and made his title subject to it. The deed was not recorded, but this is an immaterial circumstance. Everybody taking a conveyance of, or a lien upon, land, takes it with constructive notice of whatever appears in the conveyances which constitute his chain of title.

¶2Decrees below affirmed.

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