Legal Opinion

Erwin v. Fay

Michigan Supreme Court

Decided May 8, 1911No. Docket No. 152PublishedCited by 5 opinions

Appeal from Muskegon; Sessions, J. Petition by Robert Love and Oscar E. Peterson for writs of assistance against Georgie Fay Merrill, Mary Van Arkel, and Mattie Fay, in foreclosure proceedings by David D. Erwin against Eliza T. Fay. Respondents filed objections which were overruled, and they appeal.

1Opinion of the CourtBlair, J.

A decree of foreclosure having been entered in the above-entitled cause, the premises were sold by a commissioner to certain purchasers who later applied to the court for writs of assistance against Georgie Fay *505Merrill, Mary Van Arkel, and Mattie Fay, children and heirs at law of defendant, at that time deceased, and L. O. Scull, a tenant under them. The respondents objected to the granting of the application for the following reasons:

“(1) The mortgage which said complainant sought to foreclose described in the bill of complaint was not due and payable, according to the terms thereof, at the…

2Cases cited6 opinions

  1. Ball v. Ridge Copper Co.Michigan Supreme Court · 1898
  2. Frieseke v. FriesekeMichigan Supreme Court · 1904
  3. Peters v. YoungsMichigan Supreme Court · 1899
  4. Ingersoll v. HarrisonMichigan Supreme Court · 1882
  5. Stoner v. RiggsMichigan Supreme Court · 1901

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Berg v. BergMichigan Supreme Court · 1953
  2. Osinski v. YowellMichigan Court of Appeals · 1984
  3. Cohen v. Home Life InsuranceMichigan Supreme Court · 1935
  4. King v. KingSupreme Court of Vermont · 1930
  5. Landwehr v. Holland City State BankMichigan Supreme Court · 1938

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