Kuschinski v. Equitable & Central Trust Co.

Defendant had a mortgage on property improved with two stores and two apartments in Detroit. Plaintiff held title to the property by virtue of a quitclaim deed dated April 10, 1934, and recorded over a year later. On May 15, 1934, shortly after the date of plaintiff’s deed, defendant began foreclosure proceedings by advertisement, the sale being set for August 10, 1934. On August 6, 1934, plaintiff filed a petition for a moratorium and a restraining order was issued enjoining the sale. The order was served on an officer of the company the following day and, upon his noticing that it was not…