Bacon v. Northwestern Mutual Life Insurance

Citations

• 131 U.S. 258
• 9 S. Ct. 787
• 33 L. Ed. 128
• 1889 U.S. LEXIS 1819

Syllabus

<p>If a mortgage of real estate in Michigan containing a power of sale is duly recorded, as provided by law, it is not necessary that the bond secured by it and that an agreement referred to in it and adopted and made apart of it should also be recorded, in order that a foreclosure may be had by advertisement and sale in the manner provided by the statutes of the State.</p> <p>Where a mortgage debt is payable in instalments, a provision in the mortgage that if at-the expiration of the time limited for the payment of all there shall remain due on the mortgage a sum not greater than a sum named, which is less than the amount of the whole mortgage debt, the mortgagor may have the privilege of paying the amount due by giving his note therefor secured by mortgage on other real estate, does not suspend the power of foreclosure and sale for non-payment of instalments as they become due.</p> <p>This court concurs with the Supreme Court of the State of Michigan in holding that the misspelling of the name of the mortgagee in an advertisement for the foreclosure of the mortgage by public sale under a power of sale in the mortgage in the manner required by the statutes of the State, and other errors in that advertisement which worked no prejudice to the mortgagor — as a reference in the advertisement to the record pointed out to all persons interested the means of obtaining true information and of correcting all mistakes — were not defects sufficient to defeat a title acquired at that sale.</p>