Gies v. Green
Michigan Supreme Court
Appeal from Wayne. Bill for rehearing, and for vacating a personal decree for a deficiency on foreclosure, and execution and' levy thereon. Defendants appeal.
1Opinion of the CourtCooley, J.
My brethren think the decree in this case should be affirmed. They are of opinion that, if the facts are as complainant states, she had no reason to expect that a personal decree would be taken against her on a demand on which she was not personally liable, and we all agree that the execution which was taken out for the deficiency, after the foreclosure sale, without special application to the court and notice to complainant, was issued without authority of law.
It is objected that the purchaser at the execution sale is not made a party. But as he was no party to the original controversy and…
2Cited by7 opinions
- Kelly v. GauklerMichigan Supreme Court · 1911
- Shelden v. ErskineMichigan Supreme Court · 1889
- Bleakley v. Oakwayne Farms Co.Michigan Supreme Court · 1933
- Prentis v. Richardson's EstateMichigan Supreme Court · 1898
- Burt v. ThomasMichigan Supreme Court · 1882
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