Leonard v. Taylor
Michigan Supreme Court
Appeal in chancery from Kent Circuit. The defendant Taylor petitioned the Court below to set aside a sale which had been made under á decree in chancery in a foreclosure case. The case was heard on the petition, and on affidavits and counter affidavits, the result of which is’ stated in the opinion. The Court below denied the prayer of the petition, and Taylor appealed.
1Opinion of the Court
Christiancy J.:
We think the Court below properly refused to vacate the mortgage sale under the decree.
Assuming that the petitioner has sufficiently shown that the lands were bid in by complainant much below their real cash value at the time, that petitioner was misled by the assurances of complainant’s solicitor of his intention to bid them in for the full amount of the decree, that he was surprised by this, and neglected the efforts he would otherwise have made to raise the money or to procure bidders at the sale, — none of which facts can be said to be very clearly established — still there…
2Cited by5 opinions
- Spaulding v. O'ConnorMichigan Supreme Court · 1898
- Union Trust Co. v. Detroit Trust Co.Michigan Supreme Court · 1927
- People ex rel. Hudson v. DeMillMichigan Supreme Court · 1867
- Hoock v. SlomanMichigan Supreme Court · 1908
- McBride v. GwynnDistrict Court, D. Colorado · 1887