154 Mich. 666 | Mich. | 1908
The bill of complaint was filed in this cause to foreclose two certain mortgages upon certain land in Lapeer county. Defendant Huber Manufacturing Company is joined under the statute as a subsequent mortgagee. The bill was taken as confessed by the Slaters. The Huber Manufacturing Company answered, claiming priority over complainant’s mortgages. The mortgage to this defendant was in fact given subsequent to the complainant’s mortgages, and was to secure the price of a threshing outfit purchased from this defendant by Frank Slater and another. The written order for this
By the information which defendant company’s agent admits the mortgagor gave him of an incumbrance held by complainant he was put upon his inquiry. Complainant’s place of business and residence were near at hand. He was bound to make inquiry of complainant. The notice of the claim of complainant against the premises was sufficient to make it incumbent upon him to seek information from the person claiming rights in the premises. He made no effort whatever to get such information. He is therefore chargeable with all the facts he might have learned by such inquiry. Hains v. Hains, 69 Mich. 581;
The decree of the circuit court, in so far as it gives priority to the Huber Manufacturing Company mortgage over complainant’s mortgage, is reversed; otherwise it is affirmed, except as to costs, and a decree will be entered in this court accordingly, with costs of both courts to complainant.