Chamberlain v. Lyell
Michigan Supreme Court
Appeal from the Oakland Circuit. This was a bill to foreclose a mortgage bearing date June 7, 1852, made by the defendant, Matthews, and wife, to complainant, on premises in Oakland county, which the bill alleged constituted the homestead of Matthews and wife, and which were claimed by the complainant to be exempt by law from execution.
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Appeal from the Oakland Circuit. This was a bill to foreclose a mortgage bearing date June 7, 1852, made by the defendant, Matthews, and wife, to complainant, on premises in Oakland county, which the bill alleged constituted the homestead of Matthews and wife, and which were claimed by the complainant to be exempt by law from execution. The bill further alleged that the defendant, Lyell, claimed or pretended to have some right or interest in said premises prior to said mortgage, and had caused and procured a levy to be made upon said premises by virtue of an execution issued out of the…
1Opinion of the Court
By the Court,
Martin, J.
The authority of the federal government to regulate and control the execution of process, emanating from its own Courts, irrespective of the practice acts of the several States, is too firmly settled upon authority, and too well grounded in reason and necessity, to admit of question; and the only question presented by this case, of sufficient importance for examination, and that, on account of its practical value, rather than its present necessity, arises from the joinder of' Lyell, as a co-defendant with Matthews and wife, and the attempt to litigate his title in this…
2Cases cited1 opinion
- Eagle Fire Co. v. LentNew York Court of Chancery · 1837
3Cited by15 opinions
- Riggs v. SterlingMichigan Supreme Court · 1886
- Randle v. BoydSupreme Court of Alabama · 1882
- Banning v. BradfordSupreme Court of Minnesota · 1875
- Best v. JenksIllinois Supreme Court · 1888
- Summers v. BromleyMichigan Supreme Court · 1873
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