Smith v. Kidd
Michigan Supreme Court
Appeal from Berrien; Coolidge, J. Bill by Alfred E. Smith against Andrew J. Kidd and others to set aside a levy and sale on execution. From a decree dismissing the bill, complainant appeals. Complainant seeks by bill in equity to set aside an execution levy and sale upon the ground that the land levied upon and sold was a homestead.
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Appeal from Berrien; Coolidge, J. Bill by Alfred E. Smith against Andrew J. Kidd and others to set aside a levy and sale on execution. From a decree dismissing the bill, complainant appeals. Complainant seeks by bill in equity to set aside an execution levy and sale upon the ground that the land levied upon and sold was a homestead. Complainant purchased the land in 1892, built a house upon it, moved into it, and resided there until 1894. He then rented it, and his wife and family moved into the upper story of another building in New Buffalo, in the first story of which he had a store. He…
1Opinion of the CourtGrant, J.
(after stating the facts). If complainant had not abandoned his homestead, it would follow that there can be no abandonment if the party will testify that he intended at some future time to return to it. Ownership and occupancy are both required by the Constitution and statute to establish a homestead. Const, art. 16, § 2; 3 Comp. Laws 1897, § 10362. Temporary absence has often been held not to destroy the occupancy required. Complainant testified: “I don’t know as I will come back to New Buffalo at all. * * * I think I will make my home in East Tawas. I have not fully made up my mind to…
2Cases cited1 opinion
- Hoffman v. BuschmanMichigan Supreme Court · 1893
3Cited by3 opinions
- The Midwest Bank v. O'CONNELLMichigan Court of Appeals · 1987
- Ungers v. ChapmanMichigan Supreme Court · 1906
- Swift v. KlecknerMichigan Supreme Court · 1906