Hodge v. Gray
Michigan Supreme Court
Appeal from Macomb; Eldredge, J. Bill in aid of execution by Timothy L. Hodge against William M. Gray and others. From an order overruling his demurrer to the bill, defendant William M. Gray appeals. ■ Defendant William M. Gray appeals from a decree of the circuit court for the county of Macomb, in chancery, overruling his demurrer to the bill of complaint.
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Appeal from Macomb; Eldredge, J. Bill in aid of execution by Timothy L. Hodge against William M. Gray and others. From an order overruling his demurrer to the bill, defendant William M. Gray appeals. ■ Defendant William M. Gray appeals from a decree of the circuit court for the county of Macomb, in chancery, overruling his demurrer to the bill of complaint. The bill alleges that complainant, on April 14, 1894, recovered a judgment against Mr. Gray and Henry N. Botsford and William Botsford, and refers to the record of said judgment; that, prior to the rendering of said judgment, Mr. Gray…
1Opinion of the CourtGrant, J.
(after stating the facts). The bill is one in aid of an execution. The demurrer is general. Two objections to the bill are claimed: First, that it does not show that complainant has exhausted his remedy at law, in that he has not proceeded against the Botsfords, or shown that they are insolvent; second j that the Botsfords should be made parties to the suit. The objections are not tenable. The levy is upon the land claimed to belong to Mr. Gray. A fraudulent incumbrance upon it is an obstruction to complainant’s levy, which he asks to have removed. In this issue the other defendants to the…
2Cases cited1 opinion
- First National Bank v. TylerMichigan Supreme Court · 1884
3Cited by4 opinions
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- Schelowski v. PawlowskiMichigan Supreme Court · 1912
- Barber v. McMickingMichigan Supreme Court · 1915