BROWNELL REALTY, INC. v. KELLY

Docket No. 46810.

103 Mich. App. 690 (1981)

303 N.W.2d 871

BROWNELL REALTY, INC. v. KELLY

Michigan Court of Appeals.

Decided February 17, 1981.


Attorney(s) appearing for the Case

Richard W. May, for plaintiffs.

Paul E. Nettleman, for defendants Barrett.

Ronald W. Power, for defendants Kelly and Moore.

Murchie, Calcutt & Sondee (by Jack E. Boynton), for defendant Northwestern Savings and Loan Association.

Before: ALLEN, P.J., and D.F. WALSH and G.R. McDONALD, JJ.


ALLEN, P.J.

The question presented is whether the assignee of a creditor who has obtained a judgment setting aside a fraudulent conveyance of real estate as to such creditor can, to the extent necessary to satisfy his claim, obtain good title by quitclaim deed from the fraudulent grantor of such real estate in lieu of an execution sale of the property? The facts in this case are straightforward and uncontested, leaving a question of law for our determination: Who...

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