Michigan Court of Appeals, 1968

Stork v. Stelmack

Stork v. Stelmack
Michigan Court of Appeals · Decided August 30, 1968 · Corkin, Kavanagh, Quinn
13 Mich. App. 164; 163 N.W.2d 678; 1968 Mich. App. LEXIS 1028

Stork v. Stelmack

Opinion of the Court

Per Curiam.

An execution and levy was made against certain real property of defendants for the purpose of satisfying plaintiff’s judgment against defendants. Defendants’ motion to cancel the execu*165tion. was gi’anted by the circuit court on the ground that the judgment had been satisfied by a previous execution sale on other property of defendants and from this ruling plaintiff: appeals.

A review of the briefs and record discloses that there was a previous execution sale to plaintiff of real propex'ty of defendants at a bid in excess of the amount of the judgment. Plaintiff’s contention that the prior, executioxi sale is void because of the foreclosure of a prior recorded mortgage is untenable.

Affirmed. Costs to appellee.

Quinn, P. J., and T. K. Kavanagh and Corkin, JJ., concurred.

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