Doyle v. Howard
Michigan Supreme Court
Error to Washtenaw Circuit. This action was originally brought before a Circuit Court commissioner — under the “Forcible entry and detainer act” — to recover possession of certain real estate which had been foreclosed by advertisement. . . Judgment was rendered for the plaintiff below. An appeal was taken by defendant to the Circuit Court, and the judgment reversed. The case comes up to this court on error.
1Opinion of the Court
Christianct J.
This case presents the single question, whether upon a mortgage foreclosure, by advertisement under the statute, the failure to execute and deposit the deed, or any affidavit of the facts of the sale with the register of deeds, until after the expiration of one year from the time of sale, renders the foreclosure and sale invalid. The deed in this case *264was not executed by the sheriff until one year and six days after the sale, and was recorded four months and twenty-five days after it was executed; and it does not appear that dhy affidavit of the facts connected with the sale was…
2Cited by11 opinions
- Senters v. Ottawa Savings BankMichigan Supreme Court · 1993
- Lee v. ClaryMichigan Supreme Court · 1878
- United States v. GarnoDistrict Court, E.D. Michigan · 1997
- Grover v. FoxMichigan Supreme Court · 1877
- Guardian Depositors Corp. v. PowersMichigan Supreme Court · 1941
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