Unknown County MI Archives Court.....Jerome, V. Seymour 1837
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File contributed for use in USGenWeb Archives by:
Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 August 9, 2008, 7:44 am

Source: Cases In Chancery
Written: 1837

CASES IN CHANCERY.
THIRD DISTRICT


Jerome v. Seymour.

Exhibits at the hearing. Where the assignee of a mortgage files a bill to 
foreclose, setting forth the mortgage and assignment, he may, upon the notice 
required by the 62d rule to the opposite party, have an order to prove the 
assignment as an exhibit at the hearing under the provisions of rule 56.

This was a bill of foreclosure filed by the assignee of the mortgage.

The mortgage and assignment to the complainant were set forth in the bill.

Complainant gave four days' notice, under the provisions of rule 62, of a 
motion for an order to prove the assignment of the mortgage as an exhibit at 
the hearing under the provisions of rule 56.

E. C. Seaman, for complainant.

W. Hale, for defendant.

The court granted the order. (a.)

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(a.) Rule 56 was as follows:
"Documentary evidence, which is neither made an exhibit before the 
commissioner, or set out, or distinctly referred to in the pleadings, shall 
not be read on the hearing, unless notice of the intention to use it at the 
hearing is given to the adverse party, at least ten days before the expiration 
of the time allowed to produce proofs, and no deed or other writing shall be 
proved at the hearing, except on an order previously obtained, after due 
notice to the adverse party."

See Bachelor v. Nelson, Wal. Ch., 449, for a decision under this rule.

Additional Comments:
CASES DETERMINED IN THE COURT OF CHANCERY FOR THE STATE OF MICHIGAN
BY ELON FARNSWORTH, Chancellor 

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