Farwell v. Halladay

• Decision Date: 19 June 1899
• Citation: 120 Mich. 402,79 N.W. 632
• Court: Michigan Supreme Court
• Parties: FARWELL v. HALLADAY ET AL.

79 N.W. 632

120 Mich. 402

FARWELL v. HALLADAY ET AL.

Supreme Court of Michigan

June 19, 1899

Appeal from circuit court, Emmet county, in chancery; Oscar Adams, Judge.

Bill by Margaret Farwell, as guardian, against Harmon Halladay and others. From a decree in favor of complainant, defendants appealed. Affirmed.

J. M. Harris, for appellants.

H. R. Lovell, for appellee.

GRANT, C.J. (after stating the facts).

We think there is ample testimony to sustain the conclusion of the learned circuit judge. Mr. Halladay owned no other land in that section. Heller was his neighbor, and had been for many years. We think it is a fair deduction from the evidence that Heller knew of the existence of this mortgage. There was no record of any other undischarged mortgage given by the Halladays. Heller knew that they had given a mortgage. It is evident from the testimony of the witness Carbutt, the attorney for Halladay and Heller, who drew the deed and took the acknowledgment thereof, that this mortgage was referred to, at the time the negotiations for the purchase were going on, as being upon the land covered by the deed. Whether, under the circumstances of this case, the index of the mortgage to which Heller's attention was called at the time was sufficient to put him upon inquiry, we need not determine. Decree affirmed.

LONG, J., did not sit. The other justices concurred.