Buchoz v. Walker
Michigan Supreme Court
Appeal in Chancery from Washtenaw Circuit. Louis R. Buchoz, at a foreclosure sale under a decree in his favor, bid off the mortgaged premises at $2,000. The amount due on the decree, beside interest and costs, was $1,119 25, and the value of the property did not exceed this Bum.
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Appeal in Chancery from Washtenaw Circuit. Louis R. Buchoz, at a foreclosure sale under a decree in his favor, bid off the mortgaged premises at $2,000. The amount due on the decree, beside interest and costs, was $1,119 25, and the value of the property did not exceed this Bum. He filed a bill in the Circuit Court for the County of Washtenaw in Chancery, to be relieved from the payment of the surplus of his bid over the amount due on the decree; alleging as the ground for granting the relief he prayed for; — 1. That he was the equitable owner of the mortgaged premises; and — 2. That he was…
1Opinion of the Court
Campbell J.
Complainant, having as assignee of a mortgage foreclosed- it in chancery, became the purchaser at a sum exceeding the amount of the decree. This bill is filed to obtain relief against being compelled to pay over the surplus, and the equity relied upon is based upon the facts set forth at length in the bill. The Court below sustained a demurrer for want of equity, and the whole case, therefore, depends upon the substantial merits appearing on the face of the bill.
The facts, so far as they are material, were as follows : In 1861, complainant, owning some improved property in Ann…
2Cited by4 opinions
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- Solomon v. ShewitzMichigan Supreme Court · 1915
- M & D ROBINSON CO. v. DunitzMichigan Court of Appeals · 1968
- Kawecki v. Stuber-Stone Co.Michigan Supreme Court · 1922