Detroit Fire & Marine Insurance v. Renz
Michigan Supreme Court
Appeal in Chancery from Wayne Circuit. This was an appeal from the order of confirmation of a sale on a foreclosure decree. The bill was filed July 8, 1874, but no subpoena was issued till January 10, 1875.. Defendants entered their appearance and filed an answer.
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Appeal in Chancery from Wayne Circuit. This was an appeal from the order of confirmation of a sale on a foreclosure decree. The bill was filed July 8, 1874, but no subpoena was issued till January 10, 1875.. Defendants entered their appearance and filed an answer. The cause was heard on pleadings and proofs June 15, 1875, and a decree rendered authorizing a sale at any time after-July 18, 1875. Sale was made under this decree July 29, 1875. The usual order nisi, for the confirmation of this sale, was entered. Exceptions were filed by defendants to-the commissioner’s report of sale, which were…
1Per curiam
I. The order was appealable; and when a chancery appeal lies, it brings the case- up for review with all matters of discretion open for consideration in the appellate court, precisely as they were in the court below.
II. The statute (Clomp. L., 1871, § 5147) prohibits a sale within one year after the filing of the bill. Whether or not this strictly requires the interval of a year between the service of subpoena and the sale, the purpose certainly was to give the mortgagor time within which to make payment and save the lands; and that purpose is not served by permitting a sale within six months…
2Cited by5 opinions
- Tarr v. PollockMichigan Court of Appeals · 1970
- Lamky v. LamkyMichigan Court of Appeals · 1970
- Burt v. ThomasMichigan Supreme Court · 1882
- Lamky v. LamkyMichigan Court of Appeals · 1970
- Roberts v. Kalamazoo Circuit JudgeMichigan Supreme Court · 1899