A court of equity abhors forfeitures and will on some occasions relieve from them.90

Where a forfeiture has been legally effected it is possible for a party to go into a court of equity and by appropriate pleadings set up the fact that a forfeiture has been legally effected between the parties and ask for a decree and pray for relief, decreeing the legality of such forfeiture and quieting the title against the defendant.91

This course seems to be necessary or desirable only in case where the vendor has declared a forfeiture and has obtained the possession of the premises without resort to either foreclosure proceedings or summary proceedings under the statute, as in event the former action were taken the record would be notice to all parties that the rights of the vendee in the contract had been determined and in the latter case a registration of the writ of restitution as provided by the statute92 would have like effect.

87. Smith v. Nelson, 165 Mich. 438. Holding that vendee had five days from date of final judgment in the Circuit Court.

88. Pub. Acts Mich. 1917, No. 343.

89. Security Investment Co. v. Meister, 114 Mich. 344.

90. See Sec. 171-184 Post.

91. Security Investment Co., supra.

92. Pub. Acts, 1917, No. 243.