McKee v. Wilcox
Michigan Supreme Court
Appeal in Chancery from St. Clair Circuit. Complainant filed her bill against Henry Wilcox and Asa D. Dickinson, for the specific performance of a contract made by said Henry Wilcox, to sell and convey to Frederick McKee, complainant’s husband, a city lot in Port Huron. The contract was made January 3, 1856, and was for a consideration of $800, of which $200 was to be paid down and [the ballance in three annual payments.
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Appeal in Chancery from St. Clair Circuit. Complainant filed her bill against Henry Wilcox and Asa D. Dickinson, for the specific performance of a contract made by said Henry Wilcox, to sell and convey to Frederick McKee, complainant’s husband, a city lot in Port Huron. The contract was made January 3, 1856, and was for a consideration of $800, of which $200 was to be paid down and [the ballance in three annual payments. The bill alleged that said Frederick and complainant took possession of the land soon after the making of the contract, and occupied the same until November, 1859, when said…
1Opinion of the Court
Manning J.:
The only question in this case is whether a homestead can be claimed in land of which a party is in possession under a contract to purchase,
The Constitution in giving a homestead as a right does not confine it to any particular estate or interest whatever in the land: — Art. 16, §2 — and the statute secures it to a person owning and occupying a house on land not his own: — Comp. L. §4500.
In Dye v. Mann, 10 Mich. 298, in speaking of the constitutional provision we say, the Constitution, whatever may have been the intention of the pre-existing statute, we have no doubt was intended…
2Cases cited1 opinion
- Dye v. MannMichigan Supreme Court · 1862
3Cited by33 opinions
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