October 3, 1925, and prior thereto, plaintiff owned a vendee’s interest in certain lands and premises in Detroit under a contract dated July 3, 1925, which had beеn assigned to him. He advertised his equity for sale, and defendant Maurice D. Smilay Sеptember 25, 1925, replied to such *382 advertisement. Negotiations between the parties resulted in a contract between them, entered into October 3, 1925, by which plaintiff agreed to exchange his vendee’s interest in the Detroit real estate for lands of defendant Smilay and wife in Royal Oak, subject to a mortgage of'$3,500 and another of $1,200. Plaintiff was to give his note for $1,000 to Smilay in consideration of the trade. Plaintiff assigned his vendee’s interest in the land cоntract to Smilay and wife, and Maurice D. Smilay, defendant, made and exeсuted a warranty deed of the premises in Royal Oak to plaintiff, which was subsеquently executed by his wife and by agreement between the parties it was deposited in escrow with the Highland Park Trust Company to be delivered to plaintiff on payment of the $1,000 note. Both plaintiff and defendants Smilay entered into the possession of the respective premises acquired by this tradе. An abstract of title of the Royal Oak property was later delivered by Smilay and wife to plaintiff, and plaintiff discovered there were liens and claims for unpaid taxes outstanding against the Royal Oak property. Plaintiff tоok up the adjustment of these claims with defendant Maurice D. Smilay, who prоmised to adjust them. Smilay, after he acquired plaintiff’s interest in the Detroit property, failed and neglected to make the payments due upon thе contract of purchase, and his vendee’s interest in this property wаs declared forfeited in November, 1925. On March 15, 1926, without notice to plaintiff, the defendants Smilay sold the Royal Oak property on contract to one Barney Maizuss, and April 19, 1926, they sold and conveyed by warranty deed the Royal Oak property to Allen R. Niles, trustee, of Capac, Michigan, subject to Maizuss’ interest. April 27, 1926, Smilay instituted replevin proceedings against the Highland *383 Park Trust Cоmpany to replevin the deed made by himself and wife to plaintiff. The writ of replevin was served, and on May 1, 1926, plaintiffs gave a bond for possession оf the deed. On May 5th the defendants Smilay petitioned the court for delivery of the deed to them as an instrument of special and peculiar valuе. Hearing on this petition was set for May 14, 1926, pending which, on May 13, 1926, the bill of complaint herein, later amended, was filed for an accounting between рlaintiff and the defendants Smilay for the delivery of the deed from Smilay and wife to plaintiff to establish and declare the title of the Boyal Oak property to be in plaintiff, and to restrain the further prosecution of the aсtion of replevin. By subsequent amendment Maizuss and Niles, trustee, were made parties, and Niles as trustee answered claiming to be an innocent purchaser for value without notice of plaintiff’s rights.
The trial court held Niles as trustee was an innocent purchaser for value without notice, and entеred a decree dismissing the bill as to him and rendering a decree for plаintiff against defendant Smilay and wife for $4,682.75. From this decree plaintiff and defendаnts Smilay appeal.
The record sustains the decree of the trial сourt that Niles, trustee, was a bona fide purchaser for value; that plaintiff could not, by reason of the wrongful acts of Smilay and wife, acquire title to the Boyal Oak property; that plaintiff was entitled to an accounting, had before the trial court and in which no error is pointed out. The decree оf the trial court is affirmed, with costs against the defendants Smilay.