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Gies v. Green

Catherine Gies v. William S. Green

Gies v. Green, 3 N.W. 283 (Mich. 1879)
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Court
Michigan Supreme Court · State Highest Courts
Decided
October 30, 1879
Judges
Cooley, Other
Citations
3 N.W. 28342 Mich. 1071879 Mich. LEXIS 715
Headnotes
Execution for deficiency on foreclosure — Bill of review. An execution for deficiency on foreclosure should not be issued without special application to the court, and notice to the defendant. The purchaser at an execution sale under a personal decree for a deficiency on foreclosure, is not properly a party to a bill of review. A bill of review concerns the original controversy only and does not cover subsequent proceedings.
Summary
Appeal from Wayne. Bill for rehearing, and for vacating a personal decree for a deficiency on foreclosure, and execution and' levy thereon. Defendants appeal.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Cooley

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Cooley, 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 is in no way connected with the merits, he would be an improper party to a bill which proposes merely to re-examine them. Nor in this suit can the title of Mrs. Gies to the lands sold be litigated: the questions in this suit will concern the original controversy, only, and cannot take notice of the subsequent proceedings.

The decree must be affirmed with costs.

The other Justices concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1882–1883: 11888–1889: 11898–1899: 11900–1901: 11910–1911: 21932–1933: 118822026peak 1910 · 2

Relies on it most ⓘ

  1. Field v. Saginaw Circuit Judge82 N.W. 798 (Mich. 1900)
  2. Kelly v. Gaukler129 N.W. 703 (Mich. 1911)
  3. Hopkins v. Hebard194 F. 301 (6th Cir. 1911) · Dissent
  4. Shelden v. Erskine44 N.W. 146 (Mich. 1889)
  5. Bleakley v. Oakwayne Farms Co.251 N.W. 354 (Mich. 1933)
  6. Prentis v. Richardson's Estate76 N.W. 381 (Mich. 1898)

Most recent

  1. Bleakley v. Oakwayne Farms Co.251 N.W. 354 (Mich. 1933)
  2. Hopkins v. Hebard194 F. 301 (6th Cir. 1911) · Dissent
  3. Kelly v. Gaukler129 N.W. 703 (Mich. 1911)
  4. Field v. Saginaw Circuit Judge82 N.W. 798 (Mich. 1900)
  5. Prentis v. Richardson's Estate76 N.W. 381 (Mich. 1898)
  6. Shelden v. Erskine44 N.W. 146 (Mich. 1889)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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