Vaughan v. Black
Michigan Supreme Court
Appeal from Eaton. (Hooker, J.) Appeal from order refusing leave to file bill of review. The facts are stated in the opinion. Chancery rule 101 prohibits the bringing of a bill of review after the time for appeal has expired, except on newly-discovered evidence, unless upon reasons satisfactory to the court: Benedict v. Thompson, Walker, Ch. 446. Having no statute on the subject, the usual chancery practice governs, and there is nothing unusual in this case.
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Appeal from Eaton. (Hooker, J.) Appeal from order refusing leave to file bill of review. The facts are stated in the opinion. Chancery rule 101 prohibits the bringing of a bill of review after the time for appeal has expired, except on newly-discovered evidence, unless upon reasons satisfactory to the court: Benedict v. Thompson, Walker, Ch. 446. Having no statute on the subject, the usual chancery practice governs, and there is nothing unusual in this case. The two cases in which a bill of review is permitted are settled by the first of the Ordinances in Chancery of Lord Chancellor Bacon,…
1Opinion of the CourtCampbell, C. J.
In the fall of 1883 the original bill in this ■ease was filed against Black and wife as mortgagors, and Ball and Watters as subsequent purchasers. A decree of foreclosure was made, which not only ordered a sale of the *218land and personal liability against Black, but also proceeded to decree a similar liability against Ball and Watters, who-were claimed in the bill to have become personally liable by reason of a letter claimed to have been written by them in. the following language:
“ Grand Rapids, Oct. 25, 1882.
“Wesley Vaughan, Esq. — Sir: Yours of the twenty-fourth at. hand, and we would say…
2Cases cited3 opinions
- Low v. MillsMichigan Supreme Court · 1886
- Howe v. LemonMichigan Supreme Court · 1877
- Shelden v. Estate of WarnerMichigan Supreme Court · 1886
3Cited by14 opinions
- Lutz v. DutmerMichigan Supreme Court · 1938
- Kelly v. GauklerMichigan Supreme Court · 1911
- Kollen v. SooyMichigan Supreme Court · 1912
- Equitable Trust Co. v. Western Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1916
- Harrow v. Metropolitan Life InsuranceMichigan Supreme Court · 1938
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