Roberts v. Kalamazoo Circuit Judge
Michigan Supreme Court
Mandamus by Charles E. Roberts to compel George M. Buck, circuit judge of Kalamazoo county, to postpone a foreclosure sale.
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Mandamus by Charles E. Roberts to compel George M. Buck, circuit judge of Kalamazoo county, to postpone a foreclosure sale. One Malcolm B. Williams, trustee, filed a bill of foreclosure against the Kalamazoo Heat, Light & Power Company and others in July, 1898. Pour of the defendants were not served with any notice, and did not appear until March 28, 1899. A decree of foreclosure was entered on June 26, 1899, authorizing the circuit'court commissioner to make sale at any time after the 1st day of August, 1899. The relator is interested in the first mortgage, and also in a subsequent mortgage.…
1Per curiam
We deem it unnecessary to determine the question of the right to sell at the time specified. The court below had discretion to postpone the sale, and, we think, should have done so, since it is apparent that the property cannot now sell to advantage until the suits above mentioned are disposed of. See Detroit Fire & Marine Ins. Co. v. Renz, 33 Mich. 298. The writ will issue, directing the court below to postpone the sale until March, 1900.
2Cases cited1 opinion
- Detroit Fire & Marine Insurance v. RenzMichigan Supreme Court · 1876