Vining v. Millar

This case is before us for the third time. For statement of facts and the issue involved, see 109 Mich. 205, and 116 Mich. 144. Upon this trial the court directed a verdict for the defendants for the amount due Millar on his mortgage. It is now claimed that there was evidence to show that plaintiffs, through Vining, had possession all the time under their mortgage, and that, when Vining was taken sick, Stilson took his place, and held possession under the same authority. The question of possession was the vital point in issue on the second trial. The case was reversed on the ground that there…