Legal Opinion

Flynn v. Holmes

Michigan Supreme Court

Decided December 22, 1905No. Calendar No. 21,407Published

Bill by Lawrence Flynn against Andrew J. Holmes to set aside an execution levy and sale. From an order overruling a demurrer to defendant’s cross-bill, complainant appeals: On motion to dismiss.

1Opinion of the CourtBlaib, J.

The defendant, being a judgment creditor of the complainant, sued a writ of execution out of the circuit court for Kalamazoo county, and levied it upon a house and lot in the city of Kalamazoo, which the complainant occupied and still occupies as his homestead. After all the steps required by law had been taken the property was sold and bid in by the defendant. The time for redemption from the sale has expired. About the time that the period for redemption from the sale expired complainant filed the bill of complaint in this case, in which he prayed that the levy and sale, and all proceedings…

2Cases cited4 opinions

  1. Hackley v. MackMichigan Supreme Court · 1886
  2. Robinson v. KunklemanMichigan Supreme Court · 1898
  3. Greenley v. HoveyMichigan Supreme Court · 1898
  4. Daschke v. SchellenbergMichigan Supreme Court · 1900

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