Armstrong v. Grimm

This is a summary proceeding under the statute before a circuit court commissioner and but two questions are raised by the appeal: (1) Is the defense that a land contract is in legal effect a mortgage available in a summary proceeding before a circuit court commissioner or before a circuit court on appeal from the commissioner'? (2) May a judgment be entered for possession without including the amount due in such judgment1?

We have held that a circuit court commissioner, whose jurisdiction in summary proceedings for the possession of real estate is strictly statutory, has no right to try title…