Legal Opinion

Demaray v. Little

Michigan Supreme Court

Decided October 19, 1869PublishedCited by 2 opinions

Appeal in Chancery from' Saginaw Circuit. Upon a foreclosure sale - in this case the mortgaged premises were bid off by Henry C. Potter for §11,750. The Court refused to confirm the sale and made an order that the premises be again offered for sale, for the minimum sum of §16,000; and if no bidders should offer that sum, that the sale to Potter should stand confirmed. Potter appealed from the order.

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Appeal in Chancery from' Saginaw Circuit. Upon a foreclosure sale - in this case the mortgaged premises were bid off by Henry C. Potter for §11,750. The Court refused to confirm the sale and made an order that the premises be again offered for sale, for the minimum sum of §16,000; and if no bidders should offer that sum, that the sale to Potter should stand confirmed. Potter appealed from the order. This Court, at the October term, 1868, dismissed the appeal, as having been prematurely taken. (77 Mich., 386.) The premises were re-sold under the order of the Court, and Augustine S. Gaylord…

1Opinion of the Court

Cooley Ch. J.

This case comes before us on the appeal of • Henry C. Potter from a final order of the Circuit Court for the County of Saginaw, confirming a sale made of the premises described in the decree to Augustine S. Gaylord. The first error which he complains of in the Court was the opening a previous sale made of the same premises to himself, which he alleges was without legal reason and therefore unwarranted.

It appears from the record that in March 1868, the defendant, Little, was the owner of two eighty-acre lots *246near East Saginaw, upon one of which complainant held three mortgages…

2Cited by2 opinions

  1. Lawyers' Co-operative Publishing Co. v. BennettSupreme Court of Florida · 1894
  2. State Ex Rel. Com'rs of the Land Office v. HarrowerSupreme Court of Oklahoma · 1934

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