Legal Opinion

Mosher v. Borden

Michigan Supreme Court

Decided March 28, 1918No. Docket No. 165PublishedCited by 3 opinions

Appeal from Ionia; Davis, J. Bill by Wallace E. Mosher and another against Page Borden, administrator of the estate of Henry N. Miller, deceased, and others, to restrain a sale of land on execution. From a decree dismissing the bill, plaintiffs appeal.

1Opinion of the CourtMoore, J.

This bill of complaint was filed for the purpose of setting aside a certain levy of execution upon real estate, and to restrain by injunction a sale of the premises in question under said levy. The plaintiffs' are husband and wife. The plaintiff is the owner of 40 acres of land he claims is worth about • $2,500, which is mortgaged in the sum of $1,100. The plaintiff claims homestead rights in said premises, and his wife also claims homestead and dower rights. The defendants claim the land is worth much more than $2,500. On the 17th day of March, A. D. 1904, a judgment was rendered in favor of…

2Cases cited13 opinions

  1. Palmer v. PalmerMichigan Supreme Court · 1877
  2. Jewett v. PetitMichigan Supreme Court · 1857
  3. People ex rel. Gorman v. Judge of the Newaygo Circuit CourtMichigan Supreme Court · 1873
  4. Merchants National Bank v. BraithwaiteNorth Dakota Supreme Court · 1898
  5. McKisson v. DavenportMichigan Supreme Court · 1890

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3Cited by3 opinions

  1. Abbott v. Michigan State IndustriesMichigan Supreme Court · 1942
  2. Deaton v. HollingsheadSupreme Court of Iowa · 1938
  3. Dodge v. BarkerMichigan Supreme Court · 1925

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