Legal Opinion

Ungers v. Chapman

Michigan Supreme Court

Decided December 17, 1906No. Docket No. 110PublishedCited by 1 opinion

Appeal from Kent; Perkins, J. Bill by Adam Ungers against Leman H. Chapman, sheriff, Cornelius De Boers, and John Miller to set aside an execution levy. From a decree for complainadt, defendants appeal.

1Opinion of the CourtMontgomery, J.

Complainant filed this bill to set aside a levy upon 40 acres of land under an execution in favor of the defendant Miller. The defendant Chapman was sheriff, and the defendant De Boer his deputy. The circuit judge granted the relief prayed, and defendants appeal.

The property in question is within the constitutional limits of a homestead, both as to extent and value. There is no doubt that, prior to December, 1900, complainant had resided upon this land with his wife. At about that date complainant’s wife began divorce proceedings against complainant. In March, 1901, a settlement was had…

2Cases cited2 opinions

  1. Hoffman v. BuschmanMichigan Supreme Court · 1893
  2. Smith v. KiddMichigan Supreme Court · 1900

3Cited by1 opinion

  1. Smith v. SpaffordNorth Dakota Supreme Court · 1907

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