Weaver v. Michello
Michigan Supreme Court
Appeal from Bay; Collins, J. Bill by George Weaver and another against Lydia M. Michello and another for the cancellation of certain deeds. From a decree for defendants, all parties appeal. On February 7, 1911, Morris L. Michello was living on a piece of real estate in Bay county which was his homestead, and on that day Lydia Michello, his wife, filed a bill for divorce against him which was settled amicably two days later.
Read the full summary
Appeal from Bay; Collins, J. Bill by George Weaver and another against Lydia M. Michello and another for the cancellation of certain deeds. From a decree for defendants, all parties appeal. On February 7, 1911, Morris L. Michello was living on a piece of real estate in Bay county which was his homestead, and on that day Lydia Michello, his wife, filed a bill for divorce against him which was settled amicably two days later. At the time of the settlement of this litigation, Morris Michello made a deed of the homestead to Fred E. Shearer and his wife, and on the same day and immediately…
1DissentOstrander, J.
Morris L. Michello was the owner of the premises. He executed a conveyance of them to Fred E. Shearer. As a consequence, title to the premises, and ownership, did, or did not, pass to Shearer. It did not pass because the land was a homestead and the wife of Michello did not join in the conveyance. If Shearer acquired no title, he could not by his own deed create, or convey, *577an interest in the land. Yet it is plain that the widow is claiming an estate, created, if at all, by Shearer’s deed. It will not do to say that the occupancy of the land, for a homestead, was not actually disturbed by the…
2Cases cited3 opinions
- Stevens v. CastelMichigan Supreme Court · 1886
- Lott v. LottMichigan Supreme Court · 1906
- Lawrence v. VinkemulderMichigan Supreme Court · 1909