Tucker v. Stone
Michigan Supreme Court
Appeal from Newaygo. (Palmer, J.) Bill tó foreclose a mortgage. Complainant moves to dismiss appeal. The facts are stated in. the opinion.
1Per curiam
The original decree in this case was entered October 30, 1891, and was $1,378.21 too large. November 28, 1891, defendant Stone filed a petition to vacate the decree and orders pro confesso and of reference, and to set aside the commissioner’s report of amount due, and for leave to file a sworn answer and make defense. This was denied December 10, 1891, but the court made an order opening the decree and report for the purpose of deducting the admitted excess of $1,378.21, and permitting defendant to reduce the decree still further by showing payments, if any, upon the note and mort*299gage.…
2Cases cited2 opinions
- Webber v. RandallMichigan Supreme Court · 1891
- Michigan Insurance v. WhittemoreMichigan Supreme Court · 1864
3Cited by1 opinion
- Gundick v. GundickMichigan Supreme Court · 1919