Legal Opinion

Skutt v. Ionia Circuit Judge

Michigan Supreme Court

Decided July 15, 1909No. Calendar No. 23,448PublishedCited by 1 opinion

Mandamus by Henry Skutt to compel Frank D. M. Davis, circuit judge of Ionia county, to vacate a temporary injunction. Relator became the purchaser at foreclosure sale of certain lands the title to which, when the mortgage was given November 1, 1880, was in Jude R. Spencer.

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Mandamus by Henry Skutt to compel Frank D. M. Davis, circuit judge of Ionia county, to vacate a temporary injunction. Relator became the purchaser at foreclosure sale of certain lands the title to which, when the mortgage was given November 1, 1880, was in Jude R. Spencer. After the mortgage was given, Mr. Spencer and his wife conveyed the title to a third party, who reconveyed the same to Mr. and Mrs. Spencer and their son, Charles, as joint owners of the entirety, with full rights of survivorship. The mortgage which was executed by Mr. and Mrs. Spencer was foreclosed by advertisement, and…

1Opinion of the CourtGrant, J.

(after stating the facts). The statute controlling the issuing of injunctions to stay suits at law is section 50?, 1 Comp. Laws, and reads as follows:

“No injunction shall issue to stay proceedings at law, *45in any action for the recovery of lands, or the possession thereof, after verdict, unless the party applying therefor shall execute a bond, with one or more sureties, to the plaintiff in such action at law, in such sum ag the circuit judge or officer allowing the injunction shall direct, conditioned for the payment to the plaintiff in such action, and his legal representatives, of all such…

2Cases cited1 opinion

  1. Jenness v. SmithMichigan Supreme Court · 1885

3Cited by1 opinion

  1. Stockwell v. Eaton Circuit JudgeMichigan Supreme Court · 1912

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