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DUSSEAU v. ROSCOMMON STATE BANK

Docket No. 31561.

80 Mich. App. 531 (1978)

264 N.W.2d 350

DUSSEAU v. THE ROSCOMMON STATE BANK

Michigan Court of Appeals.

Decided January 5, 1978.

Attorney(s) appearing for the Case

Larry C. Carl, for plaintiff.

Hugo L. Burzlaff, for defendant Roscommon State Bank.

Before: R.B. BURNS, P.J., and D.E. HOLBROOK and R.B. MARTIN, JJ.

D.E. HOLBROOK, J.

This is an action in equity brought by plaintiff mortgagor, to restrain defendant bank from foreclosing a mortgage until the value of a portion of the mortgaged property released by the mortgagee was duly ascertained and credited against the mortgage. Defendant bank counterclaimed for foreclosure. Plaintiff appeals as of right from a judgment of foreclosure in favor of defendant, wherein the value of the land partially released was determined to...

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