(Caption of Cause.)

Received this....................day of...................., A. D. 192......, of....................., the commissioner who made the sale of the premises in said cause,....................dollars, said sum being part of the proceeds of said sale and being the amount of plaintiff's cost of suit as taxed, with interest thereon to date, and also the sum of....................dollars, the same being the full amount decreed to be due the plaintiff in said cause, together with interest thereon from the....................day of...................., A. D.

192.......

Sec. 196a. Pleadings And Briefs Used In Late Michigan Cases -Foreclosure Of Vendor's Lien

BIGNELL v. FRANKS, 212 Mich. 236-

(a) Brief Statement of Fact.

(b) Bill of Complaint.

(c) Answer and Cross-Bill.

(d) Plaintiff's Answer to Defendant's Cross-Bill.

(e) Decree.

(f) Authorities Cited by Plaintiff-Brief for Plaintiff.

(g) Authorities Cited by Defendant-Brief for Defendant. NELSON v. BREITENW1SCHER, 194 Mich. 30-

(a) Brief Statement of Fact.

(b) Bill of Complaint.

(c) Exhibits "A" and "B", the Contracts Relied Upon.

(d) Motion of Defendant to Dismiss.

(e) Affidavit to Motion to Dismiss.

(f) Order Dismissing Bill.

(The Brief of Plaintiff and Defendant has not been included for the reason that the appeal has to do with the question of the mortgage tax law only.)

BIGNELL v. FRANKS, 212 Mich. 236-

(a) Brief Statement of Fact.-A bill was filed to foreclose a land contract. The defendant showed that both partise had been operating under a later agreement, and not that under which the plaintiff's favor, and both parties appealed, the case being rewarded after affirming the decree in part, and ordering an accounting to determine the exact amount due plaintiff.

(b) Bill of Complaint -

STATE OF MICHIGAN In the Circuit Court for the County of Ottawa, In Chancery

Jamies Bignell,

Plaintiff, v. James A. Franks, et al, Defendants.

To the Circuit Court for the County of Ottawa, in Chancery: Complaining, shows to the court your orator, Jamies Bignell, of said county, and exhibits this, his bill of complaint, against James A. Franks and Martin Van Doorn, Jr., defendants herein, and thereupon your orator states, complains and charges as follows:

I. That on, to-wit, the 10th day of April, 1907, your orator then being the owner of the land herein described, made a contract to sell the same to defendant, James A. Franks, for amounts and stated payments therein expressed, copy of which contract is as follows:

Duplicate land contract. Jamies Bignell hereby agrees to sell to James A. Franks, the following described land in Ottawa County, Michigan, viz.: Part of northwest quarter of southeast quarter of southwest quarter of section twenty-one, town eight north, range sixteen west, in Grand Haven city, commencing on north line of Washing ton avenue, 183 feet east from southwest corner thereof, thence north to south line of Columbus avenue when extended east; thence east on said south line of Columbus avenue, extended, 444 feet; thence south 132 feet; thence west, parallel with south line of Columbus avenue, extended, 300 feet; thence south 132 feet to north line of Wash ington avenue, and west on said line to place of beginning; also the canning factory building partly in Columbus avenue, extended, for twenty-eight hundred dollars, to be paid $100 per year for three years, and, if he puts up an additional hothouse on the land costing not less than $250, it shall include the first year's payment of $100, and after three years the payments shall be not less than $250 per year, with six per cent. interest to be paid semi-annually on $2,500 from this date, and on the $300 balance to be paid within three years, there is to be no interest, if paid when due, otherwise six per cent. interest from this date.

Said Bignell is to build sidewalk in front of said land on Washington avenue.

Said Franks shall keep all taxes on the land paid before return thereof, and shall keep all insurable buildings insured against loss by fire for Bignell's benefit, to apply on this contract purchase price until final payment.

Said Franks shall remove said canning house and all other buildings in Columbus avenue, extended, from said avenue by July 1st, 1907.

If said Franks shall fail to make payments, or any payment, or perform any other condition above, this contract shall be void, and all payments made stand forfeited and said Franks, his heirs and assigns, shall be tenants of said Bignell, his heirs and assigns, and may be ousted as such for nonpayment of rent.

If said payments shall be made and conditions performed, said Bignell, his heirs and assigns, shall convey the land to said Franks, his heirs and assigns, by good title and warranty deed.

In case of forfeiture, the tenant shall have the right to harvest all annual crops growing, but not to possession of the premises otherwise

In witness whereof the parties hereto have set their hands and seals this 10th day of April, 1907, in duplicate.

Jamies Bignell (Seal)

Jas. A. Franks (Seal)

A duplicate of said contract signed by the parties is now in plaintiff's possession and will be shown to the court at the hearing hereof, and a like duplicate copy is believed to be in possession of defendant, Franks.

II. That said Franks took possession of said land described in said contract, and has continued since the making thereof, and is still In possession thereof, except as to a parcel thereof which he has contracted to sell to defendant, Martin Van Doorn, Jr., for $1,000, of which said Van Doorn has taken possession and is now building a house thereon, which parcel is described as follows, or may be so described:

"Part of northwest quarter of southeast quarter of southwest quarter of section twenty-one, town eight north, range sixteen west, bounded, viz.: Commencing on north line of Washington avenue, City of Grand Haven, 183 feet east of southwest corner; thence north 132 feet, east 50 feet, south 132 feet to north line of Washington avenue, and west on said line to place of beginning."