Buckingham v. Buckingham
Michigan Supreme Court
Error to Berrien. (O’Hara, J.) Ejectment. Defendant brings error. The facts are stated in the opinion. 1. The fact that plaintiff left her home did not deprive the premises of their homestead character so long as the husband chose to occupy them, and he can assert such homestead right; citing Pardo v. Bittorf, 48 Mich. 275; Griffin v. Nichols, 51 Id. 579; Rowe v. Kellogg, 54 Id. 206. 2. Where the homestead is owned by the wife, but the husband lives and has his residence…
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Error to Berrien. (O’Hara, J.) Ejectment. Defendant brings error. The facts are stated in the opinion. 1. The fact that plaintiff left her home did not deprive the premises of their homestead character so long as the husband chose to occupy them, and he can assert such homestead right; citing Pardo v. Bittorf, 48 Mich. 275; Griffin v. Nichols, 51 Id. 579; Rowe v. Kellogg, 54 Id. 206. 2. Where the homestead is owned by the wife, but the husband lives and has his residence upon it, he has a valuable and important interest in it which the courts will protect. He has a joint possessory interest…
1Opinion of the CourtChamplin, C. J.
Plaintiff brought ejectment against defendant. The case was tried in the court below without a jury, and the circuit judge found the following facts:
“1. Plaintiff became the wife of the defendant in 1875, and for some years thereafter they resided in the state of Illinois.
“ 2. For some time prior to May 13, 1882, Edmund Glavin was the owner in fee of a piece of land in Berrien county, Mich., viz., N. E. fractional quarter of section 9, township 7 S., range 20 west, containing 71.50 acres.
“ 3. On May 13, 1882, Edmund Glavin and his wife conveyed said land by deed to the plaintiff herein.
“4.…
2Cases cited1 opinion
- Rowe v. KelloggMichigan Supreme Court · 1884
3Cited by9 opinions
- Edmonds v. EdmondsSupreme Court of Virginia · 1924
- Bailey v. PeopleSupreme Court of Colorado · 1913
- Maatta v. KippolaMichigan Supreme Court · 1894
- Walker v. WalkerCourt of Appeals of Kentucky (pre-1976) · 1926
- Hall v. HallTennessee Supreme Court · 1951
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