Upon the execution and service of a notice of forfeiture upon the vendee, the following courses are open to the vendor:

1. He may demand and receive from the vendee a voluntary surrender of possession of the premises, in which event obviously no legal steps would be necessary to obtain such possession.28

2. He may bring an action in ejectment for possession of the premises.29

3. He may resort to summary proceedings before a circuit court commissioner to obtain possession of the premises. As each one of the above named proceedings has its advantages and disadvantages, careful consideration should be given to form of possessory action which the vendor selects.30

The vendor in a land contract by filing a bill in equity to foreclose his vendor's lien waives the benefit of a prior notice

For collection of cases on above subject see Decennial Digest, Sec. 95, under Vendor and Purchaser.

28. Laetz v. Tierney, 153 Mich. 279 (281-282). Right sustained where the landlord entered peaceably and afterwards retained possession by force.

Detroit Building & Loan Assn., 115 Mich. 340 (346-251). Where the vendor entered peacefully and afterwards expelled the vendee by force.

Kennedy v. Ford, 183 Mich. 48. The authorities are collected in this case.

29. Ejectment is the remedy to recover possession of real estate where the plaintiff has a valid and subsisting interest in the premises. Lambton v. Investment Co., 132 Mich. 353; Covert v. Morrison, 49 Mich. 133; Bertram v. Cook, 44 Mich. 396; Wilkinson v. Williams,

51 Mich. 156; Comp. Laws (1915) Sec. 13169: The action of ejectment may also be brought: 1. In the same cases in which a writ of right might formerly be brought to recover lands, tenements, or hereditaments, and by any person claiming an estate therein, in fee, or for life, either as heir, devisee, or purchaser. Comp. Laws (1915) Sec. 13170.

Sec. 3. No person can recover in ejectment unless he has at the time of commencing the action a valid, subsisting interest in the premises claimed, and a right to recover the possession thereof, or some share, interest or portion thereof, to be proved and established at the trial.

30. Compiled Laws (1915) Sec-13240-13257. Providing various steps to be taken by summary proceedings to recover possession of real estate.

of forfeiture for default in payment, and will not thereafter be permitted to rely upon a forfeiture of said contract.31

5. In selecting the remedy of summary proceedings due consideration should be given to the fact that it is provided by statute that where such proceedings are brought for the recovery of real estate by reason of failure to pay any install ment which may become due on a land contract, the vendee shall have the right to pay the arrears on such contract and have the same reinstated within thirty days after a judgment for the restitution of the premises has been entered. Therefore, if the vendor desires to obtain possession of the premises and not to enforce payment, the remedy in ejectment may be more suitable to his requirements.32

In selecting the action of ejectment by vendor to obtain possession it should be borne in mind that the vendee can not in such action assert any equitable defenses, such as relief from forfeiture, as the action in ejectment is strictly a legal action and admits of no defenses of that character.33