It is well established that the jurisdiction of a circuit court commissioner in summary proceedings is strictly statutory and such court is without authority to try title to land. See Mortgage Contract Co. v. Kupalian, 249 Mich. 577. Nor does it have equitable jurisdiction. See German Bundesheim Society v. Schmidt, 242 Mich. 139. The only issue adjudicated before the circuit court commissioner was whether Zak was a trespasser.
We have frequently held that an adjudication in a summary proceeding for the possession of land made in the exercise of the power not within the jurisdiction of the circuit court commissioner is void and is not binding as a formal adjudication. Bartlett v. Bartlett, 103 Mich. 293; Gale v. Eckhart, 107 Mich. 465; Cottrell v. Moran, 138 Mich. 410. Also, see People's Mortgage Corp. v. Wilton, 234 Mich. 252; Armstrong v. Grimm, 268 Mich. 437; Hafeli Bros. Corp. v. Bon, 273 Mich. 525; Mortgage Contract Co. v. Kupalian, 249 Mich. 577. Many other questions are raised in this appeal but what we have said is determinative of the entire issue as far as possession is concerned.
In order to prevent further delay and so that this litigation may early be terminated, we deem it proper, sua sponte, to enter our order, instructing the circuit court for the county of Livingston, in chancery, to amend the decree extending the time of redemption for 30 days from the date of the filing of this opinion, after which, sale may be had as provided for in the decree heretofore entered. Hughes v. Wayne Circuit Judge, 239 Mich. 110; Mortgage Contract Co. v. Kupalian, 249 Mich. 577; Fries v. Wonnacott, 270 Mich. 86. NORTH, C.J., and FEAD, WIEST, BUTZEL, BUSHNELL, EDWARD M. SHARPE, and POTTER, JJ., concurred.
We have held that a circuit court commissioner, whose jurisdiction in summary proceedings for the possession of real estate is strictly statutory, has no right to try title to land or determine whether or not a particular instrument is a land contract or, in legal effect, a mortgage. Mortgage Contract Co. v. Kupalian, 249 Mich. 577. Equitable defenses are not permissible in summary proceedings. People's Mortgage Corp. v. Wilton, 234 Mich. 252. Circuit court commissioners have no equitable jurisdiction. German Bundesheim Society v. Schmidt, 242 Mich. 139.