Ackerman v. Pfent
Michigan Supreme Court
Appeal from Wayne; Hosmer, J. Bill by Mary Ackerman against Frank Pfent to enjoin defendant from proceeding as administrator of the estate of Jacob Ackerman, deceased. From a decree dismissing the bill, complainant appeals.
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Appeal from Wayne; Hosmer, J. Bill by Mary Ackerman against Frank Pfent to enjoin defendant from proceeding as administrator of the estate of Jacob Ackerman, deceased. From a decree dismissing the bill, complainant appeals. Defendant obtained a judgment against Jacob Ackerman in February, 1903, and on the 17th of November, 1903, filed a transcript in the circuit court, and caused an execution to be issued and a levy made upon 20 acres of land occupied by Ackerman and his family as a homestead. No sale was had under the levy. Jacob Ackerman died May 27, 1904, intestate. No steps were taken to…
1Opinion of the CourtMontgomery, J.
(after stating the facts). The contention of the complainant is that the levy was prima facie a satisfaction of the defendant’s claim, or at least a suspension of his right to proceed to collect his judgment by other proceedings, and that it follows that defendant was not a creditor entitled to administration of Jacob-Acker*712man’s estate. It has long been settled in this State that a levy of an execution upon real estate of the debtor is not prima facie satisfaction of a judgment. Spafford v. Beach, 2 Doug. (Mich.) 150; Miller v. Hanley, 94 Mich. 253.
The petition for administration was regular…
2Cases cited4 opinions
- Wilkinson v. ConatyMichigan Supreme Court · 1887
- Sprague v. MooreMichigan Supreme Court · 1900
- Johnson v. Estate of JohnsonMichigan Supreme Court · 1887
- Miller v. HanleyMichigan Supreme Court · 1892
3Cited by3 opinions
- Chandler v. WhiteMichigan Supreme Court · 1928
- Schram v. CarlucciDistrict Court, E.D. Michigan · 1941
- Brown v. HannahMichigan Supreme Court · 1908