The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1859-07-12

This Court commenced its session in this city
on the sixth instant, and thus far has been occu
pied in the hearing of causes. The following
have been argued aud submitted:
Ebenerer Anderson ct al. -. John e. laugh
man ct ai-Appeal in Chancery from Wayne
Circuit s. T. Douglas for compliments, G. l.
Walker for defendants.
.Jchn 5. bd99 rs. ueo'gr Jerome % 81 Fro,
TO Wayne Circuit G. l. Walker for plaintiff
Ransom G0dafr rs William Smih.-Errol
to Woyne Circuit Jerome 4 Swift and III. III
EmmOns for plaintiff in error, q. V. y. Lothrop
for defendant in error.
William H. Oliper rs. Siia Ed'on.-Case re-
served from Monroe Circuit. G.. V. y. LOthrop
for plaintiff, DC Helbrook and C. l. Walker
for DEFENDANT
Lucien Reed ct al, as. John c. Granger et
al.-Appeal in Chancery from Ingham Circuit.
A. Blair and o. NJ. Barnes for compliments, j.
Eleven cases still remain upon the docket, all
Of which will probably be disposed of before the
adjournment of the Court.
The following opinions were delivered this
morning:
CARTS Emerson rs. Samuel T. Atra'er ct al.
Opinion by MANNING, j.:
In equity deed absolute on its face NAV be
shown BY parol to have been given to secure a
debt, and when this is shown, the deed will be
decreed to be mortgage.
The deed from Emerson to Atwater, mention.
ed in the pleadings in this case, is clearly shown
by the evidence to have been given to enable
Atwater to sell the property, discharge the en-
cumbrances, and after paving himself the amount
due him from Emerson, to pay the balance over
to Emerson. 1t must, therefore, be dccreed to
be mortgage, and Emerson entitled to redeem.
The defendant Green claiming to be bona
6de purchaser and holder of mortgages which
existed against the premises when conveyed by
Emerson to Atwater, and it appearing that if
they were actually purchased by him, the pur-
chase WAS made through Atwater as his agent
Held, that Green must be held chargeable with
notice of Emerson's equities existing under the
deed to Atwater; that he could not cut of those
equities by subsequently foreclosng the mort
cages and that the premises in his hands are SUBJ
ject to Emerson's right to redeem.
He'd further, that Atwater and Green mus,
account for all sales made BY them: that there
must be a reference to a commissioner to take an
account between the parties, charging Emerson
with what he was owing Atwater Nav 81, 1858, and
any subsequent Indebtedness or advances; with
the several membranes on the property at the
time it was conveyed, and the judgment of the
Michigan Insurance Company assigned to Green :;
With the rent Of the house and lot on the six
acres occupied by him, and with such other lust
and equitable amounts. if any, as should be al.
lowed to Atwater and Green, or either of them;
and crediting Emerson with the sale of the old
mill and six acres at sl6, 1000; with the twenty
one water lots at $3.50 each, and all moneys ,e.
ceived sales or contracts Of sale Of anv part of
the property; with 1850 ss for the personal
property transferred to Atwater; with all nav.
ments, if any, made TO Atwater, and debts incur
red by Atwater to Emerson since Nav 81. 1853
and with such other demands, if any, as in JUS
tice and equity should be credited. The com.
missioner must also inquire and report what mart
Of the real estate has been sold, and the price of
each separate parcel; what part is under con,rac,
Of sale. and to whom, and at what price, and the
amount paid and to be paid uDder each contract
and what remains unsold and not under contract
Of sale. He is to have power to examine the
parties under oath, to compel the production of
books. papers and contracts, and to take such
further evidence, in addition to that already tax
en-, as may De offered by the parties. The de.
cree below is reversed, and an interocutory de.
cree entered to carry this opinion into effect