Smith v. Pegg
Michigan Supreme Court
Appeal from Cass; Coolidge, J. Bill by Luther Smith against Abijah Pegg for a decree for a deficiency on foreclosure, and for an award of execution. From a decree dismissing the bill, complainant appeals. On July 14, 1884, a decree of foreclosure was made in a suit brought by the complainant against defendant, Pegg, and wife, and one Lindsley.
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Appeal from Cass; Coolidge, J. Bill by Luther Smith against Abijah Pegg for a decree for a deficiency on foreclosure, and for an award of execution. From a decree dismissing the bill, complainant appeals. On July 14, 1884, a decree of foreclosure was made in a suit brought by the complainant against defendant, Pegg, and wife, and one Lindsley. Pegg had executed the note and mortgage upon 'the real estate described in the bill of complaint, and was therefore personally liable. The decree found that defendant Pegg was indebted to the complainant in the sum of $813, and decreed that he pay the…
1Opinion of the CourtGrant, J.
(after stating the facts). The defense interposed is the statute of limitations, which the defendant insists began to run from the date of the entry of the decree, July 21, 1884, and the complainant insists did not commence to run until the filing of the report, or until after an order had been entered confirming the report of sale and directing the payment of deficiency, under 2 How. Stat. § 6702. The statute of limitations provides:
“Every action upon a * * * decree heretofore rendered, or hereafter to be rendered, in a court of record * * * of this State, * * * shall be brought within ten…
2Cases cited3 opinions
- Mickle v. MaxfieldMichigan Supreme Court · 1879
- Shields v. RiopelleMichigan Supreme Court · 1886
- Wallace v. FieldMichigan Supreme Court · 1885
3Cited by1 opinion
- Quinnin v. QuinninMichigan Supreme Court · 1906