McGoren v. Avery
Michigan Supreme Court
Case made after judgment from the Superior Court of Grand Eapids. Assumpsit to recover money paid by mistake and without consideration. The facts are in the opinion.
1Opinion of the CourtCampbell, J.
Suit was brought to recover back the consideration paid by plaintiff to defendants for a certificate of execution sale issued July 19, T873, by the sheriff of Kent county, to Wilder D. Foster, now deceased, and assigned by defendants, who were his executors, to plaintiff, January 37, 1874, when the redemption had still about nine months to run.
This certificate purported on its face to have been issued on a sale made under execution upon a judgment of the circuit court for the county of Kent, rendered in favor of Foster, against one Truman H. Burch, whose lands were .the subject of the levy…
2Cases cited1 opinion
- Lillibridge v. TregentMichigan Supreme Court · 1874
3Cited by4 opinions
- Oxenham v. MitchellCourt of Appeals of Maryland · 1931
- Phippen v. MorehouseMichigan Supreme Court · 1883
- Cook v. FrenchMichigan Supreme Court · 1893
- Burdick v. Farmers' Mercantile Co.North Dakota Supreme Court · 1921