Edsell v. Nevins

• Decision Date: 11 April 1890
• Court: Michigan Supreme Court
• Parties: EDSELL et al. v. NEVINS.

44 N.W. 1115

80 Mich. 146

EDSELL et al. v. NEVINS.

Supreme Court of Michigan

April 11, 1890

Appeal from circuit court, Allegan county; DANIEL J. ARNOLD, Judge.

Padgham & Padgham, for appellant.

W. B. Williams & Son, for appellees.

CHAMPLIN, C.J.

Bill of complaint is filed to remove a cloud from title. In September, 1878, Calvin R. Mower was the owner of lots 65 and 66 Orleans street, and lot 69 Franklin street, in the village of Otsego, Mich. He entered into a written contract to sell said lots to Chauncey L. Cook for $400, payable in four equal annual payments, with interest. Cook built a house and barn upon the premises, and lived thereon as a homestead. W. C Edsell & Son were bankers at the village of Otsego, and on the 24th day of January, 1882, Cook effected a loan from them, and assigned to them his contract of purchase as security. Upon this security Cook borrowed money from time to time, and gave his notes therefor. In the summer of 1882, and before the last payment became due upon his contract, Cook informed complainants that he was unable to meet the last payment, and was also unable to pay his notes to complainants, and requested them to pay the balance on the contract to Mower, and take a deed of the premises in their own name, and then to contract the same to his wife, Eunice A. Cook, for the total amount which should be due from him. In accordance with this request, complainants, as they claim on the 27th or 28th of September, 1882, paid Mower, and received from him a warranty deed, bearing date September 21 1882; and on the 28th of September, as they claim, canceled the obligations they held against Cook, and made a contract in writing for the sale of the premises to Eunice A. Cook for the amount then due to complainants from Chauncey L. Cook, being $860, payable as follows: $300 on or before one year from date; $300 on or before two years from date; and $260 on or before three years from date,-with interest payable annually at the rate of 10 per cent. Mrs Cook never paid the above sums, and Mr. and Mrs. Cook removed from the premises, and they were rented, and complainants collected the rent, and applied or indorsed the amounts collected upon the contract executed by Mrs. Cook. On March 7, 1885, with Mrs. Cook's consent, complainants sold the premises to Mrs. Abigail E. Hoag for $1,400,-$500 to be paid April 7, 1885, and the balance on or before two years, with interest payable annually at 10 per cent.; which sum she is ready and willing to pay, as soon as complainants will give her a clear title. The complainants, although th...