Legal Opinion

Garner v. Tri-State Development Company

District Court, E.D. Michigan

Decided October 2, 1974No. Civ. A. 4-71428PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION

FEIKENS, District Judge.

This is a suit to set aside a mortgage foreclosure on the contention that Michigan’s foreclosure by advertisement statute, M.C.L. § 600.3201 et seq., is unconstitutional as applied. It is brought under the due process clause of the fourteenth amendment, and the amount in controversy is in excess of $10,000. Jurisdiction exists under 28 U.S.C. § 1331; venue is by stipulation of the parties.

On August 23, 1972, following several related transactions, Hubert and Elsie Garner (plaintiffs) purchased approximately two acres of improved residential property…

2Cases cited15 opinions

  1. Goldberg v. KellySupreme Court of the United States · 1970
  2. Fuentes v. ShevinSupreme Court of the United States · 1972
  3. Boddie v. ConnecticutSupreme Court of the United States · 1971
  4. Bell v. BursonSupreme Court of the United States · 1971
  5. Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969

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

3Cited by16 opinions

  1. Mildfelt v. Circuit Court of Jackson County, MissouriCourt of Appeals for the Eighth Circuit · 1987
  2. Pedro and Olga A. Barrera v. Security Building & Investment CorporationCourt of Appeals for the Fifth Circuit · 1975
  3. Federal National Mortgage Ass'n v. HowlettSupreme Court of Missouri · 1975
  4. Ricker v. United StatesDistrict Court, D. Maine · 1976
  5. Kenly v. Miracle PropertiesDistrict Court, D. Arizona · 1976

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

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