Butters v. Butters
Michigan Supreme Court
Appeal from Wayne; Donovan, J. Bill by Janet Butters against George Butters and Adam Butters to set aside a sale under foreclosure proceedings. From a decree dismissing the bill, complainant appeals.
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Appeal from Wayne; Donovan, J. Bill by Janet Butters against George Butters and Adam Butters to set aside a sale under foreclosure proceedings. From a decree dismissing the bill, complainant appeals. The bill was filed in December, 1905, or January, 1906, to set aside a sale of premises made in foreclosure proceedings under a decree of July 1, 1902. The sale took place September 13, 1902. The grounds of relief stated are (1) that the premises should have been, and were not, sold in parcels; (2) that the commissioner’s deed was not recorded until after the statutory period of redemption had…
1Opinion of the CourtOstrander, J.
(after stating the facts). As the record before us is understood, the petition (it seems also to have been called a bill) of complainant to set aside the foreclosure sale contained, in substance, the same averments found in the bill now filed. It was answered by Adam Butters. George Butters was made a party and being then, and now, a resident of Canada, an order for his appearance was made and duly published and he appeared and moved to dismiss the petition upon the ground that an original bill should have been filed, since the purchaser at the foreclosure sale was not a party to the…
2Cases cited7 opinions
- Lee v. MasonMichigan Supreme Court · 1862
- Doyle v. HowardMichigan Supreme Court · 1867
- Crawford v. TullerMichigan Supreme Court · 1876
- Udell v. KahnMichigan Supreme Court · 1875
- Bending v. Auditor GeneralMichigan Supreme Court · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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