Legal Opinion

Swift v. Kleckner

Michigan Supreme Court

Decided October 1, 1906No. Docket No. 104Published

Appeal from Gratiot; Stone, J. Bill by Edward Swift against E. A. Kleckner and another to set aside an execution levy and sale. From a decree dismissing the bill, complainant appeals.

1Opinion of the CourtMontgomery, J.

Complainant filed a bill to set aside a sale of land on execution on the ground that at the time of the levy of the attachment which preceded the execution the property levied upon was a homestead. The land in question, together with 28 acres adjoining, was occupied by complainant and his family up to 1899 as a homestead. At that date complainant leased the farm, made a sale of hisfarm implements, and removed with his family to the city of Ithaca. He bought a house and lot with the proceeds of this sale, taking the title in the name of his wife. He removed all his household goods to Ithaca…

2Cases cited3 opinions

  1. Hoffman v. BuschmanMichigan Supreme Court · 1893
  2. McMonegal v. WilsonMichigan Supreme Court · 1894
  3. Smith v. KiddMichigan Supreme Court · 1900

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