Smith v. Nelson
Michigan Supreme Court
Appeal from Lenawee; O’Mealey, J. Bill by Daniel D. Smith against George H. Nelson and Emma A. Nelson for an injunction against the enforcement of a judgment at law, and for specific performance. From a decree dismissing complainant’s bill, he appeals.
1Opinion of the CourtHooker, J.
Smith purchased certain land from the Nelsons (husbandand wife), upon a land contract, $1,000 being paid down, and a balance of $3,610 made payable December 1, 1908. He also took it subject to a mortgage of $2,060, which he assumed. A notice of forfeiture for nonpayment was served upon Smith on March 2,1909, and summary proceedings to recover possession were commenced before a circuit court commissioner on March 11, 1909. A verdict and judgment wererendered in favor of the Nelsons, and Smith appealed to the circuit court, where he was again defeated. The circuit court judgment was affirmed by…
2Cases cited4 opinions
- McSloy v. RyanMichigan Supreme Court · 1873
- Smith v. Detroit Loan & Building Ass'nMichigan Supreme Court · 1887
- Gould v. YoungMichigan Supreme Court · 1906
- Nelson v. SmithMichigan Supreme Court · 1910
3Cited by3 opinions
- Security Investment Co. v. MeisterMichigan Supreme Court · 1921
- Horowitz v. RottMichigan Supreme Court · 1926
- Lippman v. CortMichigan Supreme Court · 1927