A few days later, the vendor sold and conveyed said land to one Byers for a valuable consideration, and Byers at once took possession of the property and since lived upon it.

The plaintiff after he purchased the property did not occupy it, so that possession was obtained without resort to legal proceedings.

Upon a trial in the lower court, plaintiff's bill of complaint was dismissed and a decree was entered ordering plaintiff to surrender possession of the property.

Upon appeal to the Supreme Court, the decree of the lower court was modified so as to permit the plaintiff relief from the forfeiture, upon certain conditions.

(b) Bill of Complaint.-State of Michigan. In the Circuit Court for the County of Kent, in Chancery;

To the Circuit Court for the County of Kent, in Chancery: Your plaintiff, Jeremiah C. Hubbell, of the City of Grand Rapids, said county, represents unto this court as follows:

I. That on the 29th day of June, 1917, Louis J. Ohler and Agnes A Ohler were seized and possessed in fee simple of the following described lands and premises, lying and being situated in the Township of Wyoming, County of Kent, and State of Michigan, known and described as follows:

"The east half (1/2) of the southwest quarter (1/4) of section fifteen (15) In township six (6) north of range twelve (12) west, except nine and one-half (9 1/2) acres in width from the west side thereof, and except a parcel conveyed in deed recorded in liber 399 of deeds, on page 578."

And on said last mentioned date, the said Louis P. Ohler and Agnes A. Ohler entered into a certain land contract with Andrew D. Boomsma and Lucy Boomsma, husband and wife, a copy of said contract being hereto attached and marked Exhibit A, and made a part of this bill of complaint; said contract was for the purchase of the land hereinbefore described for the sum of six thousand ($6000.00) dollars, and provided that three thousand dollars was paid upon the execution of the contract, leaving unpaid the sum of three thousand ($3000.00) dollars, with a payment on principal of $100.00 to be made on the 1st day of August, 1919, and $100.00 annually therafter, with interest payable semiannually.

II. Plaintiff further alleges that he purchased the contract interest of Andrew D. Boomsma, whose wife Lucy had died since the making of said contract, on the 1st day of August, 1918, and has an assignment from said Andrew D. Boomsma of the same, a copy of said assignment being hereto attached and marked Exhibit B, and made a part of this bill of complaint.

III. Plaintiff further alleges that in the taking of said assignment he assumed the interest from the date of said contract to August 1st, 1918, together with the taxes on said land for the year 1917, which past due interest and taxes this plaintiff paid to said Louis P. Ohler, who receipted for the same to him and who thus had knowledge during the month of August, 1918, that this plaintiff had purchased the contract interest in said land of the said Andrew D. Boomsma.

IV. Plaintiff alleges that he immediately took possession of said lands, but he did not move thereon, as he is a single man, and did not purchase said farm for the purpose of occupying it, but through his agents put a sign on the house on said farm for the sale of said premises, looked after the growing crops, advertised the farm for sale, and in various ways let it become known that he had bought said premises.

V. Plaintiff further says that about a week ago, on, to-wit, April 24, 1919, he sent his agent out to said farm to make some repairs on the buildings, as he had a prospective purchaser, whom he expected to take out there the following day, and that when his agent returned to town he reported to this plaintiff that one Francis M. Byers, was in possession of said farm, had moved in the dwelling house and was plowing and said Byers, who is also made a defendant herein, informed plaintiff's agent, when questioned about what he was doing there, that he had purchased said farm of said Louis P. Ohler; that he had been there at that time, for about two weeks; that he had a deed of said property and had paid said Louis P. Ohler the sum of forty-two hundred ($4200.00) dollars for said farm, and in addition thereto had assumed a mortgage on said farm, given, as plaintiff believes, by said Ohler and wife of twenty-two hundred ($2200) dollars, making the total purchase price of the same the sum of sixty-four hundred ($6400.00) dollars.

VI. Plaintiff alleges, upon information and belief, that at the time said Louis P. Ohler and wife made the contract of said farm to said Andrew D.

and Lucy Boomsma. as hereinbefore stated, that said farm was encumbered by mortgage in the sum of $2200.00 but said $2200.00 was included in said contract price of $6000.00.

VII. Plaintiff further alleges that by the terms of said contract, the interest was due thereon semi-annually, and that the interest had not been paid by this plaintiff, which became due on the 1st day of February, 1919, and this plaintiff alleges that as soorl as he learned of the pretended sale of said farm by the said Louis P. Ohler and his wife, to the said Francis M. Byers, and on, to-wit, the 28th day of April, 1919, he went to the place of business of said Louis P. Ohler, in the village of Jennison, and made him a legal tender of the interest that was due on the said 1st day of February, together with the interest on the same to the date of said tender and also at the same time tendered to said Louis P. Ohler the sum of one and 10/100 dollars, to cover the costs of the service of a notice which had, a few days previous, been served on him by Clark B. Gleason, as attorney for said Ohler, and plaintiff hereby, for the purpose of keeping said tender good, pays the clerk of this court the amount of said tender, said notice purporting to terminate plaintiff's tenancy in said land and to declare his interest forfeited.