Page v. Kress
Michigan Supreme Court
Appeal from Jackson. (Peck, J.) Foreclosure case. Appeal from order setting aside a sale, and ordering a resale of the mortgaged premises. The facts are stated in the opinion.
1Opinion of the CourtChamplin, C. J.
At a sale, made pursuant to a decree of foreclosure of a mortgage, held on March 5, 1888, there were two bidders. One was William Stimer, bidding in his own behalf; and the other was O. B.. Wood, who was bidding in behalf of Catherine Vedder. Wood bid $885, and afterwards Stimer bid $890; and the premises were struck off to him and his brother, Wyman Stimer, and the commissioner’s deed was duly executed to them;. Several by-standers have made affidavit that, when Wood bid $885, Stimer said: “That is enough; you can have it,” — and that the commissioner then said: “Sold.”' But Mr. Wood, in his…
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