Legal Opinion · Dissent

Fox v. Brannan

Michigan Supreme Court

Decided February 14, 1940No. Docket No. 117, Calendar No. 40,599Published

1Dissent

It is fundamental that the right to a homestead given by the Constitution and by statute is to be liberally construed. See authorities collected in 114 A.L.R. 209. That right, however, is limited to property occupied by the homestead claimant — the law requires that there be both ownership and occupation by the homestead claimant. Wisner v. Farnham, 2 Mich. 472;Beecher v. Baldy, 7 Mich. 488; Hersehfeldt v.George, 6 Mich. 466 ; Fitzsimons v. Kane, 245 Mich. 246. In Dyson v. Sheley,11 Mich. 527, it was held that a levy could properly be made on the half of a double house that was occupied by a…

2Cases cited12 opinions

  1. Beecher v. BaldyMichigan Supreme Court · 1859
  2. Potter v. ClappIllinois Supreme Court · 1903
  3. Rhodes, Pegram & Co. v. McCormickSupreme Court of Iowa · 1857
  4. Lamont v. LeFevreMichigan Supreme Court · 1893
  5. King v. WelbornMichigan Supreme Court · 1890

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