Enos v. Sutherland
Michigan Supreme Court
Appeal in chancery from Berrien Circuit. The hill was filed to redeem certain premises alleged to have been conveyed to defendants in mortgage.
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Appeal in chancery from Berrien Circuit. The hill was filed to redeem certain premises alleged to have been conveyed to defendants in mortgage. The decree adjudged the land to he held by defendants in mortgage, g ordered a reference to a Circuit Court Commissioner to take an account of the amount due defendants, and of the waste committed and improvements made by them on the premises, and if a balance was found due defendants, directed payment thereof by complainant within three months after confirmation of the Commissioner’s report, and that in default of such payment, the premises be sold…
1Opinion of the Court
Manning J.:
The appeal in this case, which was submitted on briefs, must be dismissed for want of jurisdiction, as the decree appealed from is not a final decree. It consists, in part, of a reference to a Circuit Court Commissioner to take an account of what is due to defendants, &c. This part of the decree is interlocutory, and the action and report of the Commissioner on the matters referred to him must be had before a final decree can be made. It also contains (a practice very objectionable, and one that should be discontinued,) what in form is a final decree, in anticipation of the…
2Cases cited1 opinion
- Caswell v. ComstockMichigan Supreme Court · 1859
3Cited by6 opinions
- Ritzer v. RitzerMichigan Supreme Court · 1928
- Smith v. WalkerMichigan Supreme Court · 1885
- Kingsbury v. KingsburyMichigan Supreme Court · 1870
- Perkins v. PerkinsMichigan Supreme Court · 1862
- Webber v. RandallMichigan Supreme Court · 1891
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