Whipple v. Farrar
Michigan Supreme Court
Case reserved from Wayne Circuit-Court. The bill of the complainant alleges, that in 1833, Obadiah Holmes, C. V. B. Hasbrook, and James Bailey, were-partners in business, in the City of New York. Th'e defendant, Farrar, became indebted to them, and in 1837, Bailey being then deceased, Holmes & Hasbrook, as survivors, brought suit in the Wayne Circuit Court, and recovered judgment against Farrar for $1,275 46. That upon the judgment, a writ of fieri fiadas issued.
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Case reserved from Wayne Circuit-Court. The bill of the complainant alleges, that in 1833, Obadiah Holmes, C. V. B. Hasbrook, and James Bailey, were-partners in business, in the City of New York. Th'e defendant, Farrar, became indebted to them, and in 1837, Bailey being then deceased, Holmes & Hasbrook, as survivors, brought suit in the Wayne Circuit Court, and recovered judgment against Farrar for $1,275 46. That upon the judgment, a writ of fieri fiadas issued. That upon the 1st of November 1838, said writ was levied upon the interest &c. of Farrar, in lots number eighty-three and…
1Opinion of the Court
By the Court,
Green, P. J.. In order to determine whether the complainant is entitled-to any relief as against Farrar, it seems necessary to consider-the effect of the deed to be executed by the defendant, Baldwin, as sheriff) and the successor of the officer who made the sale. This involves an examination of the statutes relative to the sale of real estate upon execution, and an in*442quiry as to the nature and extent of the complainant’s equities.
By the Revised Statutes of 1838, under which the sale of the premises in question was made, if the land was not redeemed within the time there limited,…
2Cited by37 opinions
- Stephenson v. GoldenMichigan Supreme Court · 1937
- MacKenzie v. Union Guardian Trust Co.Michigan Supreme Court · 1933
- Galusha v. WendtSupreme Court of Iowa · 1901
- Long v. EarleMichigan Supreme Court · 1936
- Flint & Pere Marquette Railway Co. v. GordonMichigan Supreme Court · 1879
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