Detroit Trust Co. v. Hart

In Detroit Trust Co. v. Hart, 274 Mich. 144, we affirmed the circuit court in refusing to confirm a sale and ordering a resale under a decree of foreclosure of a trust mortgage on a 33-apartment building in the city of Detroit.

Resale has been had with a slightly increased bid by plaintiff A. H. Moorman in behalf of the mortgage bondholders. Again the circuit court has refused confirmation and plaintiffs review by appeal.

Confirmation by the court is not a mere ministerial act but a judicial function involving- consideration of the circumstances in each instance and the exercise of sound…