Bunker v. Paquette
Michigan Supreme Court
Error to Cheboygan. Replevin for a house seized ou execution by Paquette as sheriff, while Bunker, its owner, was removing it from the lot on which it had been standing to another lot for which he had traded the former. Bunker brought replevin on the ground that the house was exempt from execution as his homestead.
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Error to Cheboygan. Replevin for a house seized ou execution by Paquette as sheriff, while Bunker, its owner, was removing it from the lot on which it had been standing to another lot for which he had traded the former. Bunker brought replevin on the ground that the house was exempt from execution as his homestead. But being in business elsewhere he had kept his family with him for the two years preceding the levy, leaving his house during that time with nothing in it but some of his furniture, always claiming it as his homestead, however, and intending to return and live in it. The case was…
1Opinion of the CourtMarston, J.
The finding of facts in this case was in accordance with the stipulation of counsel. The homestead and exemption laws of this State have thus far always received a broad and liberal construction, in order to carry out the evident intent of the Legislature. Our statute defines the homestead and exempts it from a forced sale upon execution. It also exempts as a homestead a house, although the land upon which it is situate may not be owned by the person claiming the exemption, and in ■ certain cases fifteen hundred dollars of the proceeds of the homestead is exempted for one year aftey a sale…
2Cases cited3 opinions
- Woodward v. MurrayNew York Supreme Court · 1820
- Barber v. RorabeckMichigan Supreme Court · 1877
- Griffin v. SutherlandNew York Supreme Court · 1852
3Cited by14 opinions
- Riggs v. SterlingMichigan Supreme Court · 1886
- Showers v. RobinsonMichigan Supreme Court · 1880
- Lozo v. SutherlandMichigan Supreme Court · 1878
- Kimball v. SalisburyUtah Supreme Court · 1898
- Ferguson v. SpeithMontana Supreme Court · 1893
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