It is therefore evident that this erroneous description was known to both Mr. Clark, Klees and Johnson when the contract of sale was assigned to Mr. Johnson. On the 5th of December, 1917, defendant Johnson sold to Gordon Rogerson and Emily Rogerson, his wife, by executing a new land contract the entire 80 feet of said property, using the original erroneous description. It appears that at the time of this conveyance the Rogersons knew nothing of the irregularity in the contract description between Clark and Johnson and acted in good faith in making the purchase of the entire property from Mr. Johnson. The proofs show that at the time the property was originally sold by plaintiffs to Klees, that the westerly 40 feet (the parcel in contraversy) was worth substantially $650.00. The proof also shows that at the present time it is worth a sum considerable in advance of this amount, to-wit, $1100.00, the amount that plaintiff now claims should be recompensed from defendants.

I find that the defendants Rogerson and wife acted in good faith in their transaction and are entitled to have the contract carried out with defendant Johnson, with costs taxable against him. Plaintiff Clark is entitled to the value of the westerly 40 feet from defendant Johnson valued at the time he erroneously conveyed the same to Klees and wife, which is found to be, with interest at the rate of six per cent., $713.00.

1 am not able to accept plaintiff's claim that he is entitled to the present value of the disputed property for the reason he failed to act timely in correcting the mistake that was repeatedly called to his attention, and which he is largely responsible for causing in the original transaction. Plaintiff is also entitled to a lien for this amount upon the land contract from Johnson to Rogerson and wife, together with costs against Johnson. The contract from Johnson to Rogerson, including the entire 80 feet is to be carried out if its terms are complied with, and plaintiff Clark instructed to join in a deed of the entire premises if requested so to do.

Decree is so ordered.

Kleber P. Rockwell,

Circuit Judge Dated this 4th day of October, A. D. 1919.

And afterwards, on the 5th day of November, A. D. 1919, said Circuit Court made its decree therein in favor of the said plaintiffs and against the said defendants Walter F. Johnson and Esther R. Johnson, which said decree was as follows:

(h) Decree.-(Caption.) At a session of said court held at the court house in the City of Pontiac, Michigan, on the fifth day of November, 1919.

Present: Hon. Kleber P. Rockwell, Circuit Judge.

This cause having come on for hearing upon the pleadings and proofs taken in open court, and after hearing the testimony and counsel for the respective parties, and the court being fully advised in the premises, and it satisfactorily appearing to the court that the material facts-charged in said bill of complaint are true, and that the said defendant. Walter F. Johnson, was not an innocent purchaser of "The east one-half and the west one-half of a parcel of land situated in the southwest quarter of the southeast quarter of the northeast quarter of section 36, town

2 north, range ten east, beginning at an iron stake on the south line of Landon street, 84 feet west from an iron stake at the northern apex of lot sixteen (16), Grove plat, thence westerly on the south of Landon street, 80 feet to an iron stake, thence south 104 feet 7 inches to an iron stake, which is 106 feet north of the north line of Lincoln avenue, thence east parallel with Lincoln avenue, 80 feet to an iron stake, thence north to Landon street at the point of beginning. Being in the Village of Birmingham, Oakland County, Michigan.

And it further appearing to the court that Gordon Rogerson and Emily Rogerson, his wife, are innocent purchasers of said above described tract from the said Walter F. Johnson and Esther R. Johnson, his wife, and that their contract interest in said premises cannot be disturbed without injury to the said Gordon Rogerson and Emily Rogerson.

It is therefore ordered, adjudged and decreed that the land contract heretofore executed and now existing between the said Walter F. Johnson and Esther R. Johnson, his wife, parties of the first part, and Gordon Rogerson and Emily Rogerson, his wife, parties of the second part, be and the same is hereby confirmed in its entirety and decreed to be a valuable contract for the sale of the entire 80 feet of land, and that the said Gordon Rogerson and Emily Rogerson, his wife, are entitled to conveyance of said premises as provided for in said contract upon complying with the terms of said contract.

It is further ordered, adjudged and decreed that the said bill be dismissed as to the said Gordon Rogerson and Emily Rogerson, his wife, and Hannah Clark, and Abner T. Klees and Mabel Klees, which contract Walter F. Johnson; the costs to be taxed by the clerk of this court.

It is further ordered, adjudged and decreed that the said defendant Walter F. Johnson pay to the said plaintiffs Frank L. Clark and Hannah Clark, in lieu of a modification of the contract between Frank L. Clark and Hannah Clark, and Abner T. Klees and Mabel Klees, which contract was assigned to Walter F. Johnson, the sum of seven hundred thirteen ($713.00) dollars, which sum is based upon the value of the westerly 40 feet of said land, with interest to date.

It is further ordered, adjudged, and decreed, that to secure the payment of said sum with interest, and the taxable costs to which plaintiffs are entitled, that plaintiffs shall have a lien upon the entire tract so sold by defendants Johnson and wife to Gordon Rogerson, and wife, and shall also have a lien upon the moneys due and hereafter to become due from the said Gordon Rogerson and wife to the said Walter F. Johnson and wife upon the land contract between said defendants Johnson and wife, to the said Rogerson and wife, and that in the event that the said sum of seven hundred thirteen dollars with interest and the taxable costs are not paid as herein provided, that the said plaintiffs may enforce said lien in the manner provided by law for the collection of judgments, either on the chancery or law side of courts of record.