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51 Mich. 618

Vincent v. Moore

Michigan Supreme Court

Decided October 24, 1883

Michigan Supreme Court · decided 1883-10-24

Clair. (Stevens, J.) Bill to enforce lien. Complainants appeal. Where a mortgage needs to be kept alive to protect the mortgagee’s rights, equity will keep it alive as against the mortgager : Gorm. Mut. L. Ins.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1883-10-24

How this case has been cited

Cited by 19 later decisions — most recently June 1999

18 state decisions — followed in 10 states

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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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Cooley, J.

¶1The bill in this case appears to be filed to-enforce the payment of a sum of money which complainants paid to redeem from a tax sale certain lands belonging to defendant, and upon which complainants, at the time of redemption, held a mortgage. The redemption, it is assumed, was made for the protection of the mortgage ; but complainants went on after wards'and foreclosed the mortgage under the power of sale, taking no notice of what they had paid for taxes and making no claim for the amount. The land was sold in the foreclosure proceedings, and bid in for the amount of the mortgage debt, and defendant redeemed from that sale. This suit was then instituted. We think there is no foundation for it. What complainants were compelled to pay for the protection of their mortgage did not constitute a separate and independent lien on the land; it could become a hen only in connection with and because of the mortgage, and could not exist independent of it. When therefore complainants took proceedings which resulted in a satisfaction of the mortgage, any lien which may have existed before for the taxes paid was necessarily discharged, whether the amount paid was claimed in those proceedings or not. All that complainants could claim by virtue of the mortgage they were bound to claim in those proceedings, and they could not at pleasure split up their demand and make the parts the subjects of separate suits-.

¶2*620The decree must be affirmed with costs.

The other Justices concurred.
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