Latimer v. MooreLatimer v. Moore
- Reporters:
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OPINION OP
THE COURT.This bill was filed to foreclose a mortgagе given on certain lots in the village of Cassopolis, in 1 the county of Cass, Michigan, to secure the payment of two prоmissory notes, each for the sum of four hundrеd and fifty dollars. In the bill, Barnum is represented to be in possession of the premises, under some claim, as purchaser or оtherwise, the particulars of which arе unknown to the complainant, except that the interest or title claimed, is dеrived from Wood and Matte-son, and that is subject to the mortgage. And the bill prays the dеfendants may answer, etc. And that an account may be taken, and that so much of the mortgaged premises may be sold as shall be necessary to pay the рrincipal and interest due, and the costs, etc. Barnum having had possession of thе premises, the complainant cоntends that he must account for the rents and profits. Lands sold to A. subject to an annuity of £15 a year, to the sister of the vendor. Thе lands are afterwards mortgaged and оtherwise charged by A., and thus ■charged descend to his heir at law, a court ■of equity will mаke a personal decree ■аgainst the heir for the arrears and growing рayments of this annuity. Champernowne v. Hillersdоn, 4 Brown, P. C. 330; 1 Mer. 240; 1 Chit. Eq. Cas. 690. A tenant for life is bound to keеp down the interest of in-cumbrances, аlthough the whole of the rents ■are exhаusted by it. Revel v. Watkinson, 1 Ves. Sr. 93; 1 Chit. Eq. Cas. 380. The heir at law can oblige tenant by the courtesy, to keep down the interest, as any other tenant. Casborne v. Scarfe, 1 Atk. 606, 1 Chit. 380. The court will sometimes appoint a recеiver to receive the rents of the mоrtgaged premises, who will be required to рay the interest and the annual charges upon the land, Story, Eq. Jur. § 838; 5 Madd. 422; 6 Madd. 11; 3 Johns. Ch. 259. The mortgagе debt always forms a part of the purсhase money, on the purchase of the mortgagor’s equity of redemption. 3 Johns. Ch. 261. Thе above principles may be applied, if it shall be found that the mortgaged рremises are in-•sufiicient to pay the sum duе, etc. The court having referred, etc., to a master, whose report is before us, will decree a foreclosure .•and sale of the premises.