Union Trust Co. v. Detroit Trust Co.

Plaintiff mortgagee had decree of foreclosure, sale, report thereof, and order of confirmation when a rehearing was granted and decree and proceedings subsequent thereto were set aside.

Benjamin Braver owned property on Collingwood avenue in Detroit known as Ozark Court apartments, which he mortgaged to plaintiff as trustee to secure an issue of bonds in the aggregate amount of $145,000. The mortgage was duly recorded on April 21, 1928. There are subsequent mortgages not important to decision here.

On November 11, 1925, plaintiff filed its bill for foreclosure. Benjamin Braver and his wife, and…