Russell v. Battle Creek Lumber Co.

After decree of foreclosure of real estate mortgage, sale to plaintiff, and confirmation of sale by the court, defendants filed petition to set aside the order confirming sale and for continuance of the cause until March 1, 1935, as provided in the emergency moratorium statute, Act No. 98, Pub. Acts 1933. In effect, the petition is for extension of the period of redemption. Motion to dismiss the petition was granted on the ground that the statute is invalid because it impairs the obligation of contracts, in violation of the United States Constitution, art. 1, § .10, and Michigan Constitution,…