Lucius Quintus Cincinnatus Lamar

“ The registry statutes of Michigan provide that 'every conveyance of real estate within this state, hereafter made, which shall not be recorded as provided in this chapter, shall be void as against any subsequent purchaser in good faith, and for a valuable consideration, of the same real estate, or any portion thereof, whose conveyance shall be first duly recorded.' How. St. § 5683. Sections 5674 to 5677, inclusive, prescribe the manner in which such recording should be done. The object of recording the mortgage is to give notice to third persons. ”

“ The statutes regulating them are made to enlarge, and not to cut down, the rights of mortgagors. Before such statutes were passed, sales made under a power of sale contained in the mortgage were governed by the same rules applicable to the sales under any other power, and courts, in the absence of statutes, have never applied to such powers any such technical rules as would impair the security of purchasers. The power is part of the contract, and should be construed on principles applicable to contracts, and not as a hostile process. ”

“ It is not until 13 years after that event, when the property has increased in value many fold by improvements thereon and the natural rise in the value of real estate attendant upon the growth of the city, that he seeks to regain possession of the property by bringing a suit in ejectment. It would be going too far to hold that, after all these laches, he or his assigns can defeat the title acquired at the mortgage sale, and transmitted to the plaintiff, by setting up any supposed irregularity in the foreclosure proceedings. ”

“ Authorities are cited and arguments made on this matter which relate to proceedings which are had of a hostile character and ex parte, where it is commonly held that such action, contrary to the usual course of law and against persons who have not the common-law benefit of self-protection, should be held invalid, unless conforming strictly to statutory authority. ”