In answer to the remainder of said paragraph 12, this defendant admits that he has commenced summary proceedings before a justice of the peace, for the purpose of obtaining possession of the property purchased by him from the said plaintiffs, and in that connection avers that the said plaintiffs are now holding possession of the said property contrary to the legal rights of the defendant in the premises.

13. In answer to paragraph 13 of said bill of complaint, this defendant admits that the said plaintiffs have offered to pay him the sum of $290.00 providing that he returns to them the assignment of their said land contract, but denies that the said plaintiffs have ever offered to pay to this defendant the amount which he has paid for the said plaintiffs' property, and denies also that the said plaintiffs are entitled to a re-assignment of their said contract from this defendant.

Wherefore, this defendant denies that the said plaintiffs are entitled to the relief prayed in their said bill of complaint or to any portion thereof, and prays that the same may be dismissed with reasonable costs to the defendant in this behalf most wrongfully sustained.

Anthony Michalski,

Defendant. Charles Bowles,

Attorney for Defendant.

State of Michigan, County of Wayne, ss.

Anthony Michalski, being duly sworn, deposes and says that he has read the foregoing answer by him subscribed, and knows the contents thereof, and that the same is true except the matters therein stated to be on information and belief and as to those matters he believes it to be true.

Anthony Michalski. Subscribed and sworn to before me this 27th day of August, A. D. 1917.

Albert E. Sherman, Notary Public, Wayne County, Mich. My commission expires June 7, 1921. (e) Decree.

STATE OP MICHIGAN In the Circuit Court for the County of Wayne-In Chancery

Teofil Banski and Apolonia Banski,

Plaintiffs, v. Anthony Michalski,

Defendant.

No. 60046.

At a session of said court held in the court house at the City of Detroit, on the 3rd day of June, A. D. 1918.

This cause having come on to be heard on the pleadings therein and the proofs taken in said cause and having been argued by counsel for the respective parties, and the court having duly considered the same and being fully advised in the premises.

It is ordered, adjudged and decreed, and the court does hereby order, adjudge and decree, that the assignment of the land contract from Teofphile Banski and Apolonia Banski, plaintiffs, to Anthony Michalski, defendant, mentioned in the said bill, and bearing date the 20th day of June, A. D. 1917, of the following described land and premises: Lots numbered thirteen (13) and fourteen (14) of Race & Haass Subdivision of the westerly one-half of the easterly one-half of quarter section 21, 10,000 acre tract, in the Village of Hamtramck, Wayne County, Michigan, and recorded in the office of the Register of Deeds for the County of Wayne in Liber 166 of Deeds, on page 355, be and the same is hereby set aside, vacated and declared null and void as against the said plaintiffs, their heirs and assigns, and that the said defendant, Anthony Michalski has no right, title or interest in and to the said land contract and the premises described therein, by virtue of the said assignment, and that the said defendant, Anthony Michalski, deliver the said contract forthwith to the plaintiff, Theophile Banski.

It appearing from the evidence that the plaintiff, Theophile Banski, has received from the defendant the sum of two hundred ninety ($290.00) dollars, together with the bill of sale of personal property and an assignment of a land contract for the following described farm property: West one-half of the east one-half of the northwest one-quarter of section 4 in town north of range 15 east, containing forty (40) acres, more or less, in the township of Casco, St. Clair County, State of Michigan, and the plaintiff, Theophile Banski, having duly tendered the said sum of money and proper re-assignments of said property to the defendant, and the defendant having refused to accept the same, it is ordered adjudged and decreed and the court does hereby order, adjudge and decree, that the plaintiff, Theophile Banski, make and execute to the defendant a proper bill of sale of the personal property received from him, together with an assignment of the land contract for the farm property above described, and that the plaintiff, Theophile Banski, deposit these instruments and the said sum of two hundred ninety ($290.00) dollars with the clerk of this court for the use and benefit of the said defendant.

And the said plaintiff may have leave to cause this decree, or a certified copy thereof, to be recorded in the office of the Register of Deeds for the said County of Wayne.

And it is further ordered, adjudged and decreed that the said defendant, Anthony Michalski, pay to the plaintiffs or their attorney the costs in this suit to be taxed and the plaintiffs have execution for the same.

Willis B. Perkins, (A true copy.) Circuit Judge.

Thos. L. McGoldrick,

Deputy Clerk.

LIAN v. HENRY BRADFORD & CO., 209 Mich. 172-

DECLARATION

(a) Brief Statement of Fact.-This is an action based upon the false and fraudulent representations made by defendants to plaintiffs, concerning the sale of certain real estate. The land contract entered into is not set out in the record in full because the same was lost since the trial. The plaintiffs recovered judgment which was affirmed on appeal.

(b) Declaration.

STATE OF MICHIGAN Supreme Court

State of Michigan. In the Circuit Court for the County of Newaygo.

First Count. The plaintiffs say:

1st. That the defendants are residents of the City of Chicago, in the

State of Illinois, and are engaged in the sale of real estate located in the State of Michigan; that the plaintiffs are former residents of the City of Chicago, State of Illinois, but now living and residing in the Village of Newaygo, County of Newaygo, Michigan.