FLYNN v. KORNEFFEL

No. 99238, COA No. 125687.

551 N.W.2d 163 (1996)

Wendell C. FLYNN and Margaret Ann Flynn, Plaintiffs-Appellants, v. Curtis G. KORNEFFEL and Maureen A. Korneffel, Defendants-Appellees.

Supreme Court of Michigan.

August 1, 1996.


In this cause, a motion for rehearing is considered, and it is hereby DENIED.

LEVIN, Justice.

I would grant rehearing.

I agree with Flynn that this "Court has misstated the issue on appeal" in focusing on whether Flynn had established fraud.

It is a truism that the money that needed to be paid to redeem was not literally "paid" within the redemption period. It does not follow that Flynn had the burden of proving fraud, and that, absent proof...

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