Gillam v. Foster
Michigan Supreme Court
Certiorari to Ingham; Wiest, J. Mandamus by George F. Gillam, trustee, to compel Charles W. Foster, circuit court commissioner of Ingham county, to issue a deed on foreclosure omitting the six-months redemption clause provided for by Act No. 200, Pub. Acts 1899. From an order denying the writ, relator brings certiorari. The decree of foreclosure in this case was entered in the circuit court December 13, 18Ó8, and contained the usual provisions for the sale of property.
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Certiorari to Ingham; Wiest, J. Mandamus by George F. Gillam, trustee, to compel Charles W. Foster, circuit court commissioner of Ingham county, to issue a deed on foreclosure omitting the six-months redemption clause provided for by Act No. 200, Pub. Acts 1899. From an order denying the writ, relator brings certiorari. The decree of foreclosure in this case was entered in the circuit court December 13, 18Ó8, and contained the usual provisions for the sale of property. The case was appealed to this court, and decree modifying the decree below entered here February 27, 1900. Qillam v: Barnes,…
1Per curiam
The sole question is whether the statute applies to a case where the decree was rendered in the circuit court before that act took effect, and the decree upon appeal was rendered in this court after it took effect. Cases in equity are heard in this court de novo, and the appeal suspends all proceedings under the decree below. There was no decree under which a sale could be made until the final decree in this court. The mortgage was given subject to the right of the legislature to change the remedy in foreclosure proceedings. We think the language in State Sav. Bank of Detroit v. Matthews, 123…
2Cases cited1 opinion
- State Savings Bank v. MatthewsMichigan Supreme Court · 1900
3Cited by1 opinion
- Lachman v. Ottawa Circuit JudgeMichigan Supreme Court · 1900