Averill v. Benzie County State Savings Bank

Michigan Supreme Court
Averill v. Benzie County State Savings Bank, 143 Mich. 306 (Mich. 1906)
106 N.W. 865; 1906 Mich. LEXIS 639
Blair, Hooker, McAlvay, Montgomery, Ostrander

Averill v. Benzie County State Savings Bank

Opinion of the Court

Montgomery, J.

This is a bill filed to set aside a levy and sale of two lots in the village of Frankfort, which are claimed to constitute a part of complainants’ homestead. Complainant Lorenzo Averill owned and occupied lots 1, 2, and 3 of block 13. The lots are all in one inclosure; the house being on lot 2, and the barn and chicken coop on lot 3. Complainants occupied the premises when the levy was made. The value of lot 2 was probably not in excess of $1,400.

The single question is whether the lots should have been treated as one by the sheriff, and proceedings taken under sections 10364-10366, 3 Comp. Laws. We think this was complainants’ right. Geiges v. Greiner, 68 Mich. 153; King v. Welborn, 83 Mich. 195 (9 L. R. A. 803); Lamont v. Le Fevre, 96 Mich. 175.

The decree is reversed, and a decree will be entered in this court for complainants, with costs of both courts.

McAlvay, Blair, Ostrander, and Hooker, JJ., concurred.

Reference

Full Case Name
AVERILL v. BENZIE COUNTY STATE SAVINGS BANK
Status
Published