1 Walk. Ch. 519
Decided December 15, 1844
Michigan Court of Chancery · decided 1844-12-15
It appeared from the affidavits on which the motion was founded, that one Parks, who was not a party to the suit, was in possession of a part of the premises; that he had but recently taken possession under one of defendants; and that he refused to deliver possession to the purchaser, on being shown the Master’s deed, and a certified copy of the order confirming the sale.
Decided 1844-12-15
¶1Parks, not being a party to the suit, should have been served with notice of the motion. Where a party to the suit is in possession, the motion is ex parte; but one in possession not a party to the suit, is entitled to notice of the motion, and to be heard on it, so far as the granting of it may affect his rights.
¶2Let an order be entered requiring Parks to show cause against the motion, on being served with copies of the affidavits, &c.