Stone v. Welling
Michigan Supreme Court
Appeal from Shiawassee Circuit, in Chancery. The bill was filed in 1852 for the foreclosure of a mortgage, and the defendant proceeded against by advertisement, as a non-resident. The bill was taken as confessed, decree rendered, and the land sold to complainant in 1854. In 1857, more than three years after the sale, defendant Welling apjfiied to the court to have the decree opened, that he might make defense by answer.
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Appeal from Shiawassee Circuit, in Chancery. The bill was filed in 1852 for the foreclosure of a mortgage, and the defendant proceeded against by advertisement, as a non-resident. The bill was taken as confessed, decree rendered, and the land sold to complainant in 1854. In 1857, more than three years after the sale, defendant Welling apjfiied to the court to have the decree opened, that he might make defense by answer. This was done, and on hearing upon bill, answer and proofs, a decree was rendered against the defendant from which he appealed to this Court. The opinion contains all the…
1Opinion of the Court
Cooley J.
The position of this case is as follows: Stone filed his bill to foreclose a mortgage given by George Hart, making *523James Welling a party defendant as subsequent purchaser. Both the defendants were non-residents, and their default was taken for want of appearance, after publication of an order for that purpose. Decree was taken in the usual form, a sale made under it, and the premises bid in by complainant.
Three years after this sale the defendant Welling presented his petition to the court for leave to defend, setting forth that he had just become aware of the proceedings. He also…
2Cases cited2 opinions
- Dixon v. HillMichigan Supreme Court · 1858
- Robinson v. GodfreyMichigan Supreme Court · 1852
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