Sherrid v. Southwick
Michigan Supreme Court
Error to Cass. Trespass. Defendants bring error. An estate in common will support a right of homestead in one of the co-tenants McClary v. Bixby 36 Yt. 254; Horn v. Tufts 39 N. H. 478; Heioitt v. Rankin 41 la. 35; Thorn v. Thom 14 la. 49; Tarrant v. Swain 15 Kan. 146; Greenwood v. Maddox 27 Ark. 660; McGuire v. Van Pelt 55 Ala. 344; Lacey v. Clements 36 Tex. 663; Williams v, Wethered 37 Tex. 130; Smith v. Deschaumes id. 429; Johnson v. May 16 N. B. B. 425; In re Swearlnger…
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Error to Cass. Trespass. Defendants bring error. An estate in common will support a right of homestead in one of the co-tenants McClary v. Bixby 36 Yt. 254; Horn v. Tufts 39 N. H. 478; Heioitt v. Rankin 41 la. 35; Thorn v. Thom 14 la. 49; Tarrant v. Swain 15 Kan. 146; Greenwood v. Maddox 27 Ark. 660; McGuire v. Van Pelt 55 Ala. 344; Lacey v. Clements 36 Tex. 663; Williams v, Wethered 37 Tex. 130; Smith v. Deschaumes id. 429; Johnson v. May 16 N. B. B. 425; In re Swearlnger 17 id. 138; Com-stock v. Comstock 27 Mich. 100; Sears v. Hanks 14 Ohio St. 301; Bartholomew v. West 2 Dil. 293; Freeman…
1Opinion of the CourtCooley, J.
Mrs. Southwiek, the defendant in error, brought ejectment in the circuit court to recover certain land which she claimed as heir-at-law of John Cave deceased. The defendants below claimed under the foreclosure of a mortgage given by John Cave, which the plaintiff insisted was void for the reason that the lands described therein constituted the homestead of the mortgagor, and he had at the time a wife who did not unite with him in giving it. The facts were found by the circuit judge, and are in substance the following:
John Cave in 1856 was married to Mary E. Cave, who is still living. The…
2Cases cited12 opinions
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3Cited by29 opinions
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