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WILSON v. TAYLOR

Docket No. 105906, Calendar No. 5.

577 N.W.2d 100 (1998)

457 Mich. 232

Thomas D. WILSON and William G. Rappleye, Plaintiffs-Appellees, v. Robert Scott TAYLOR and Tonia Marie Taylor, Defendants-Appellants.

Supreme Court of Michigan.

Decided May 6, 1998.

Attorney(s) appearing for the Case

Rappleye & Wilkins, P.C. by William G. Rappleye, Jackson, for plaintiff-appellee.

Stephen D. Conley, Jackson, for defendants-appellants.

Jerrold Schrotenboer, Jackson, amicus curiae for defendants.

Pepper, Hamilton & Scheetz, L.L.P. by Vicki R. Harding and Lisa S. Gretchko, Detroit, amicus curiae for Real Property Law Section of State Bar of Michigan.

Opinion

MICHAEL F. CAVANAGH, Justice.

In this case, we are called on to decide whether a defendant against whom a land contract forfeiture judgment has been obtained must pay an amount, representing the monthly payments under the contract, in excess of the judgment to preclude entry of a writ of restitution.1 For the reasons detailed below, we reverse the decision of the Court of Appeals and conclude that the writ of restitution...

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