
    DRYSDALE v. P. J. CHRISTY LAND CO.
    1. Vendor and Purchaser — Procedure in Foreclosure op Mortgages Not Applicable to Land Contracts.
    Circuit Court Rule No. 58, § 5, providing that sales under decrees of foreclosure shall not be ordered within six months after commencement of suit, provides practice to be followed in 1 foreclosure of mortgages, but has no application to land contracts.
    2. Same — Redemption Period Within Discretion op Court.
    There being no statutory right to redeem from foreclosure of land contract, time allowed in which» to redeem is not matter of right but is entirely within discretion of court; procedure authorized by statute in foreclosure of mortgages having no ' application to land contracts. ,
    3. Same — Specific Tax — Appeal and Error.
    Where, in suit to foreclose land contract, objection was made to-admission in evidence of land contracts because specific tax thereon had not been paid as required by statute, court should have refused to receive them; but decree will not be reversed therefor if tax is paid within 20 days.
    Appeal from Wayne; Gilbert (Parm O.), J., presiding.
    Submitted June 20, 1929.
    (Docket No. 93, Calendar No. 34,410.)
    Decided October 7, 1929.
    Bill by Robert M. Drysdale and another against P. J. Christy Land Company, a corporation, and another for the foreclosure of a land contract. From a decree for plaintiffs, defendant P. J. Christy Land Company appeals.
    Affirmed.
    
      Claude H. Stevens, for plaintiffs.
    
      
      William 8. McDowell, for defendant.
   McDonald, J.

It is first contended by the defendant that the decree should be set aside because it provides for a sale of the premises within less than six months from the commencement of suit.

In support of this contention, it relies on section 5 of Circuit Court Pule No. 58, which reads as follows:

“Sales under decrees of foreclosure shall not be ordered on less than six full weeks or 42 days’ notice, and publication shall not commence until the time fixed by decree for payment has expired, nor within six months after commencement of suit.”

This rule provides a practice to he followed in the foreclosure of mortgages. It has no application to land contracts. Jones v. Bowling, 117 Mich. 288.

A further objection to the decree is that it gives only ten days as the time for redemption.

There is no statute conferring the right to redeem in the foreclosure of land contracts. No such right exists independently of statute. It is customary for the trial court to fix a short time for redemption after sale, but the vendee is not entitled to it as a matter of right. It rests entirely in the discretion of the court. Counsel’s objection to the decree based on the contention that it should have been made in accordance with the practice authorized in the foreclosure of mortgages cannot be sustained. The distinction is clearly stated in Jones v. Bowling, supra, and in Cornelius, Law of Land Contracts, p. 404.

Objection was made by the defendant to the admission in evidence of the two underlying contracts on the ground that the mortgage tax had not been paid. The court should have refused to receive the evidence, but the decree will not be reversed on that ground alone if the plaintiff pays the tax in the time specified therein. If payment is made within 20 days, the decree will stand affirmed. If not paid by that time, it will stand reversed. Neither party will have costs.

North, C. J., and Fead, Wiest, Clark, Potter, and Sharpe, JJ., concurred. The late Justice Fellows took no part in this decision.  