Brown v. O'Donnell
Michigan Supreme Court
Error to Marquette; Stone, J. Ejectment by Jennie E. Brown against Ellen O’Donnell. From a judgment for plaintiff, defendant brings error. Plaintiff obtained a judgment against the defendant. The sheriff, under the execution, levied upon the N. £ of the S. E. £ of section 32, township 47 N., of range 24 W., Marquette county, and sold the land under the execution to the plaintiff as one parcel.
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Error to Marquette; Stone, J. Ejectment by Jennie E. Brown against Ellen O’Donnell. From a judgment for plaintiff, defendant brings error. Plaintiff obtained a judgment against the defendant. The sheriff, under the execution, levied upon the N. £ of the S. E. £ of section 32, township 47 N., of range 24 W., Marquette county, and sold the land under the execution to the plaintiff as one parcel. The time of redemption expired, after which she instituted this action in ejectment. With her plea of the general issue, defendant gave notice that the N. E. £ of the S. E. £ of said section was and is…
1Opinion of the CourtGrant, J.
(after stating the facts). The court instructed the jury, in accordance with the stipulation, that, if there was no homestead, plaintiff was entitled to a verdict for the whole amount; if there was a homestead, *102plaintiff was entitled to a verdict for tbe 40 not claimed as a homestead.
While various statutes require separate tracts or parcels of land to be sold separately on judicial sales, we have uniformly held that such sales are voidable only, and not void, and cannot be attacked in collateral proceedings. Rhode v. Hassler, 113 Mich. 56 (71 N. W. 461), and authorities cited.
But the main…
2Cases cited1 opinion
- Rhode v. HasslerMichigan Supreme Court · 1897
3Cited by1 opinion
- Wosinski v. RenihanMichigan Supreme Court · 1938