Legal Opinion

Davis v. Neihardt

Michigan Supreme Court

Decided February 10, 1921No. Docket No. 57Published

Appeal from Kalkaska; Lamb (Fred S.), J. Bill by William H. Davis and wife against S. Neihardt to set aside an execution levy on a homestead. From a decree for plaintiffs, defendant appeals.

1Opinion of the CourtFellows, J.

Plaintiffs, husband and wife, file this bill to set aside an execution levy on and a sale of 40 acres of land located in Kalkaska county, worth not to exceed $1,500, which they claim as a homestead. Plaintiff William H. Davis had lived on the farm, which consisted of 80 acres, before and after his marriage, for a period of 40 years. It had belonged to his father and in 1906, after his father’s death, he bought out the other heirs and at that time placed a mortgage on the 80 for $625 and sold $500 worth of timber from the farm. He does not appear to have fared well financially and in January…

2Cases cited10 opinions

  1. Hoffman v. BuschmanMichigan Supreme Court · 1893
  2. Bunker v. PaquetteMichigan Supreme Court · 1877
  3. Stotts v. StottsMichigan Supreme Court · 1917
  4. McMonegal v. WilsonMichigan Supreme Court · 1894
  5. Kaeding v. JoachimsthalMichigan Supreme Court · 1893

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