Legal Opinion

Hochgraef v. Hendrie

Michigan Supreme Court

Decided July 7, 1887PublishedCited by 5 opinions

Error to Wayne. (Speed, J.) Ejectment. Plaintiff brings error. The facts are stated in the opinions.

1Opinion of the CourtCampbell, C. J.

In this case the decree and sale were both made during the life-time of Mrs. Woodbridge, and the sale was made to a third party. This sale was made about four years and a half before her death. Had the- commissioner done his duty, he would have conveyed the property at once, and filed his report in September, 1861, and it would have been confirmed unless some cause was affirmatively shown.

There is, so far as I have found, no authority which holds that proceedings to carry a decree into execution actually begun, and, as in this case, substantially finished, can be affected by the death of a…

2Cases cited12 opinions

  1. Zægel v. KusterWisconsin Supreme Court · 1881
  2. Rogers v. PatersonNew York Court of Chancery · 1834
  3. Brown v. ThompsonMichigan Supreme Court · 1874
  4. Howard v. BondMichigan Supreme Court · 1879
  5. Minthorne v. TompkinsNew York Court of Chancery · 1830

7 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Hooker v. BondMichigan Supreme Court · 1898
  2. Lant v. ManleyCourt of Appeals for the Sixth Circuit · 1896
  3. Youngs v. PetersMichigan Supreme Court · 1898
  4. Gerasimos v. WartellMichigan Supreme Court · 1928
  5. Gerasimos v. WartellMichigan Supreme Court · 1928

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