TAINES v. MUNSON

Docket No. 5,107.

19 Mich. App. 29 (1969)

172 N.W.2d 217

TAINES v. MUNSON

Michigan Court of Appeals.

Application for leave to appeal filed September 16, 1969.


Attorney(s) appearing for the Case

Kratchman & Kratchman, for plaintiffs.

Dykema, Wheat, Spencer, Goodnow & Trigg (Donald E. Shely and J. Kay Felt, of counsel), for defendants.

Before: LESINSKI, C.J., and FITZGERALD and V.J. BRENNAN, JJ.


LESINSKI, C.J.

Plaintiffs sued defendants for an accounting on a claimed equitable mortgage. The trial court found that the 1959 "sale" of an interest in land was in fact an equitable mortgage, but that plaintiffs had lost their right to claim an interest in the land because of laches, waiver and abandonment. Plaintiffs appeal.

Alger Homes, Inc., was in 1959 a building and development corporation wholly owned by Michael Taines (although Michael's brother,...

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