Mallar v. Mallarian
Michigan Supreme Court
Appeal from Wayne; Rohnert, J. Petition by John H. Mallar against Dickran H. Mallarian and Krekore Mallarian to set aside a certain mortgage foreclosure sale. Prom a decree dismissing the petition, complainant appeals.
1Dissent
Hooker, J-.
(dissenting). The complainant filed a bill to foreclose a mortgage, and obtained a decree requiring defendant to pay $901, failing in which the premises were to be sold at foreclosure sale by or under direction of the sheriff. On November 15, 1902, the premises were sold under the decree for $300, by one Yan Dyke, and the complainant was present and became the purchaser, acting under instructions from his counsel. The report of sale was filed by the sheriff, and shows that he sold the premises for $300 to the complainant, and that there was a deficiency of $671.72, and on December…
2Cases cited3 opinions
- New York Baptist Union for Ministerial Education v. AtwellMichigan Supreme Court · 1893
- Averill v. Jackson City BankMichigan Supreme Court · 1897
- Grand Rapids National Bank v. KritzerMichigan Supreme Court · 1898