124 N.W.2d 739 (Mich. 1963), 2, Ruda v. American Sav. & Loan Ass'n

Docket Nº2.
Citation124 N.W.2d 739, 371 Mich. 675
Opinion JudgeKELLY, Justice.
Party NameAbraham L. RUDA and Ruth Ruda, his wife, Plaintiffs and Appellants, v. AMERICAN SAVINGS & LOAN ASSOCIATION a Michigan corporation, and Herbert R.Radunz, jointly and severally, Defendants and Appellees, and William Dahlerup and John Doe and Richard Roe, whose names are not well known but whose persons are well known, jointly and severally, Defendant
Attorney[371 Mich. 676] Thomas E. H. Black, Detroit, for appellants. Ronald L. Greenberg, Samuel S. Greenberg, Detroit, for appellee, American Savings & Loan Ass'n.
Judge PanelBefore the Entire Bench.
Case DateDecember 02, 1963
CourtSupreme Court of Michigan

Page 739

124 N.W.2d 739 (Mich. 1963)

371 Mich. 675

Abraham L. RUDA and Ruth Ruda, his wife, Plaintiffs and Appellants,

v.

AMERICAN SAVINGS & LOAN ASSOCIATION a Michigan corporation,

and Herbert R.Radunz, jointly and severally,

Defendants and Appellees,

and

William Dahlerup and John Doe and Richard Roe, whose names

are not well known but whose persons are well

known, jointly and severally, Defendants.

No. 2.

Supreme Court of Michigan.

December 2, 1963

[371 Mich. 676] Thomas E. H. Black, Detroit, for appellants.

Ronald L. Greenberg, Samuel S. Greenberg, Detroit, for appellee, American Savings & Loan Ass'n.

Before the Entire Bench.

Page 740

KELLY, Justice.

February 19, 1959, plaintiffs executed and delivered to defendant American Savings & Loan Association a mortgage on their jointly owned Oakland county property.

Pursuant to the terms of the mortgage, plaintiffs' default in payment resulted in an April, 1961, statutory foreclosure by advertisement and a public sale and sheriff's deed to defendant association.

[371 Mich. 677] After the period of redemption had expired the circuit court commissioner entered a judgment of possession against plaintiffs. No appeal was taken from the circuit court commissioner's judgment.

June 28, 1962, defendant Dahlerup, who was an Oakland county deputy sheriff, and defendant Radunz, an employee of defendant association, moved plaintiffs' furniture from the mortgage-foreclosed property to the street, changed the locks on the doors, and took possession.

July 3, 1962, plaintiffs filed lis pendens and a bill of complaint in the circuit court for the county of Oakland, in chancery, praying that the court compel the said defendants to 'restore these plaintiffs to the exact status quo that they enjoyed previous to the said foreclosure, as attempted, and the said sheriff's deed as wrongfully executed and delivered.'

In granting defendant's motion to dismiss the bill of complaint and lis pendens, the court, in a written opinion, stated:

'The defendant association moves to dismiss on the primary ground that the chancery court has no jurisdiction under these circumstances.

'Section 27.545, Michigan Statutes Annotated, sets forth the jurisdiction of the circuit court in chancery. Section 4 provides as follows:

'To hear and determine suits instituted by any person claiming the...

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  • 124 N.W.2d 806 (Mich. 1963), 39, Eilender v. City of Pontiac
    • United States
    • Michigan Supreme Court of Michigan
    • 2 Diciembre 1963
    ...a decree declaring invalid these special assessments against their property, and had the seated chancellor found as in the Fluckey Case, [371 Mich. 675] 358 Mich. 447, 100 N.W.2d 486, that 'the widening and paving project would diminish rather than enhance' the value of plaintiffs' said pro......
1 cases
  • 124 N.W.2d 806 (Mich. 1963), 39, Eilender v. City of Pontiac
    • United States
    • Michigan Supreme Court of Michigan
    • 2 Diciembre 1963
    ...a decree declaring invalid these special assessments against their property, and had the seated chancellor found as in the Fluckey Case, [371 Mich. 675] 358 Mich. 447, 100 N.W.2d 486, that 'the widening and paving project would diminish rather than enhance' the value of plaintiffs' said pro......