Grant v. Van Reken

Plaintiffs brought an action in Wayne County Circuit Court to have a warranty deed from plaintiffs to defendants declared a mortgage. Following a non-jury trial, held on March 20 and 24, 1975, judgment was entered for defendants. Plaintiffs appeal as of right.

At trial, defendants agreed that plaintiffs purchased a residence at 179 South Venoy Circle, Garden City, Michigan, for $14,755 on April 18, 1956, and financed this purchase by a loan from Citizens Mortgage Company. Later, a second mortgage was placed against the property with Gris-wold Mortgage Company. Thereafter, both mortgages were…