Legal Opinion

Flynn v. Holmes

Michigan Supreme Court

Decided July 23, 1906No. Docket No. 82PublishedCited by 6 opinions

Appeal from Kalamazoo; Adams, J. Bill by Lawrence Flynn against Andrew J. Holmes to remove a cloud from the title to land. Defendant filed an answer in the nature of a cross-bill asking for a writ of assistance. Complainant demurred to the cross-bill and filed a plea. From an order overruling the demurrer and plea, complainant appeals.

1Opinion of the CourtHooker, J.

The complainant’s bill was filed to remove a cloud from his title to land, and to enjoin defend- , ant from taking steps to obtain possession under a sheriff’s deed. Briefly stated, the facts alleged are that on October 27,1903, the defendant recovered a circuit court judgment against the-complainant for $434.75 damages and $28.10 costs. Execution was levied on the premises, a city lot, and dwelling thereon, occupied by the defendant . at the time as his homestead. The sheriff caused an appraisal to be made, as required in cases of levies upon homesteads. It was appraised at $2,350. A copy of…

2Cases cited25 opinions

  1. Horn v. . KeteltasNew York Court of Appeals · 1871
  2. Carr v. . CarrNew York Court of Appeals · 1873
  3. Shattuck v. . BascomNew York Court of Appeals · 1887
  4. MacAuley v. . SmithNew York Court of Appeals · 1892
  5. Barry v. . Hamburg-Bremen Fire Ins. Co.New York Court of Appeals · 1888

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3Cited by6 opinions

  1. Skupinski v. Provident Mortgage Co.Michigan Supreme Court · 1928
  2. Restrick Lumber Co. v. WyrembolskiMichigan Supreme Court · 1910
  3. People v. AndreMichigan Supreme Court · 1908
  4. Rohrabacher v. WalshMichigan Supreme Court · 1912
  5. Dalton v. MillerMichigan Supreme Court · 1929

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