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36 Mich. 213

Wright v. Peet

Michigan Supreme Court

Decided April 11, 1877

Michigan Supreme Court · decided 1877-04-11

<p>Mortgages: Defense: Fraud: Laches. One who gave a purchase money mortgage for lands which he had purchased and gone into possession of five years before, cannot defeat or reduce the amount of such mortgage •upon a showing that he was defrauded in the purchase by false representations regarding the lands and the crops thereon, where the deception complained of was such that he must have discovered it before giving the mortgage. A party seeking to avoid his contract on the ground of fraud is bound to move promptly.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1877-04-11

How this case has been cited

Cited by 8 later decisions — most recently April 1938

8 state decisions

301877188018901900191019201930decided

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.

View the full empirical analysis of this case →

Cooley, Ch. J:

¶1The defendant seeks to reduce the amount of a purchase money mortgage by showing that he was defrauded in the purchase by false representations regarding the lands and crops thereon. The purchase was made in 1867, and the mortgage was not given until 1872. As defendant had possession of the premises immediately after the purchase, he discovered at once any deception that had been practiced upon him, and his duty was to make prompt complaint. So far from doing so, he made no complaint until after the giving of the mortgage. That was too late.—DeArmand v. Phillips, Walk. Ch., 186; Whiting v. Hill, 23 Mich., 399.

¶2Some question is made regarding an item of expenses included in the computation of amount due, but this seems to have been agreed upon by stipulation.

¶3Decree affirmed.

The other Justices concurred.
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