The first step, unless the contract waives notice of forfeiture, in effecting a forfeiture of a land contract for a material breach thereof is a service upon the vendee of a notice that the vendor elects to declare the contract forfeited and terminated.16

Mere default in the condition of a land contract by the vendee will not, of itself, terminate the land contract. The forfeiture clause in such contract usually provides that upon default by the vendee in the terms of such contract the vendor shall have the right to declare the contract forfeited, and a breach of the contract or default in its terms, no matter how long continued, will not, of itself, work a forfeiture, unless the contract so provides.17 a sale of the mortgaged premises, the same shall be bid in by the executor or administrator for such debt he shall be seized of the same. for the same persons, whether creditors, next of kin or others, who would have been entitled to the money, if the premises had been redeemed or purchased at such sale by some other person.

Any real estate which may have been purchased or which may hereafter be purchased by an executor or an administrator as such, upon a sale on execution for the recovery of a debt due to the estate or upon a sale in the foreclosure of a mortgage held by said executor or administrator (whether owned by the deceased in his lifetime or acquired after his death), shall be considered as personal estate and may be sold and conveyed by said executor or administrator in like manner as personal estate may now be sold, and the proceeds thereof shall be held and divided as personal estate: Provided, Such sale shall first be approved by the judge of probate having jurisidction of such estate by an order entered in the journal of the court, a copy of which order shall be attached to and recorded with the deed given by such executor or administrator. If any land so held by an executor or administrator as mentioned in the preceding section, shall not be sold by him as therein provided, it shall be assigned and distributed to the same persons, and in the same proportions, as if it had been part of the personal estate of the deceased; and if, upon such distribution, the estate shall come to two or more persons, partition thereof may be made between them, in like manner as if it were real estate which the deceased held in his lifetime."

16. John v. McNeal, 167 Mich. 148; Nelson v. Smith, 161 Mich. 363: Corning v. Loomis, 111 Mich. 23; Miner v. Dickey, 140 Mich. 518.

17. Converse v. Blumrich, 14 Mich., 109 (90 Am. Dec. 230); Miner v. Dickey, 140 Mich. 518 (103 N. W. 855); Murphy v. Mclntyre, 152 Mich. 591 (116 N. W. 197); Nelson v. Smith, 161 Mich. 363 (126 N. W. 447); Mich. Land & Iron Co. v. Thoney, 89 Mich. 226.

The notice from the vendor to the vendee declaring the contract forfeited, and terminated may either be given orally or in writing, the better practice being, of course, to serve this notice in writing, and retaining a copy in order to make proof of service.18

The notice of forfeiture should be given even though the vendor makes a peaceable re-entry into the possession of the property. Unless the vendor shall give to the vendee notice declaring the contract forfeited and terminated, the vendor cannot maintain either ejectment proceedings or summary proceedings for possession of the property.19

Merely taking possession of the premises by the vendor without declaring the contract forfeited does not terminate the contractual relations of the parties.20

Sec. 148. Where The Contract Waives Notice Of Forfeiture

Where the contract contains a provision waiving notice of forfeiture, no notice is necessary before beginning proceedings to obtain possession, and the vendor may upon default in the contract have open to him all remedies and proceedings which would have been available to him in event notice were given.21