Knoth v. A. Harvey's Sons Manfg. Co.
Michigan Supreme Court
Appeal from Wayne; Codd (George P.), J. Bill by Hilliard Knoth and another against A. Harvey’s Sons Manufacturing Company to set aside'a commissioner’s sale, and to enjoin the enforcement of a writ of assistance. From a decree dismissing the bill, plaintiffs appeal. On November 7, 1910, defendant in the case at bar secured a judgment against plaintiff Hilliard Knoth.
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Appeal from Wayne; Codd (George P.), J. Bill by Hilliard Knoth and another against A. Harvey’s Sons Manufacturing Company to set aside'a commissioner’s sale, and to enjoin the enforcement of a writ of assistance. From a decree dismissing the bill, plaintiffs appeal. On November 7, 1910, defendant in the case at bar secured a judgment against plaintiff Hilliard Knoth. In September of the same year, plaintiff had purchased upon a land contract the property here in question and had, with his family, gone into occupancy thereof. During the five years following, plaintiff made such payments upon…
1Opinion of the CourtBrooke, J.
{after stating the facts). The history of this case, as set out in the foregoing statement of facts, demonstrates, we think, that plaintiffs have been guilty of such laches in endeavoring to protect their rights after they had been fully advised of them as should, under our authorities, prevent a consideration of their contentions upon the merits. Goodwin v. Burns, 21 Mich. 211; Lyon v. Brunson, 48 Mich. 194; Union Trust Co. v. Amusement Co., 168 Mich. 574.
It is, however, unnecessary to predicate determination upon this point. The petition filed by the plaintiffs in the judgment creditor’s…
2Cases cited9 opinions
- Harrington v. Huff & Mitchell Co.Michigan Supreme Court · 1908
- People ex rel. Attorney General v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1909
- Goodwin v. BurnsMichigan Supreme Court · 1870
- La Vasser v. Chesbrough Lumber Co.Michigan Supreme Court · 1916
- Lyon v. BrunsonMichigan Supreme Court · 1882
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3Cited by4 opinions
- Cohen v. Home Life InsuranceMichigan Supreme Court · 1935
- Drouillard v. LabadieMichigan Supreme Court · 1929
- Forbes v. ZiegenhardtMichigan Supreme Court · 1950
- Klein v. PinesMichigan Supreme Court · 1937