Vinton v. Beamer

• Decision Date: 13 January 1885
• Citation: 55 Mich. 559,22 N.W. 40
• Court: Michigan Supreme Court
• Parties: VINTON v. BEAMER.

22 N.W. 40

55 Mich. 559

VINTON v. BEAMER.

Supreme Court of Michigan

January 13, 1885

Error to Livingston.

L.S Montague and J.L. Topping, for plaintiff.

D Shields, for defendants and appellants.

SHERWOOD, J.

This is an action of ejectment to recover the interest of William Beamer in about 160 acres of land, and which is claimed by plaintiff to be the use of an equal undivided one-half part thereof for and during the natural life of said Beamer. Maria Beamer, wife of William, previous to the twenty-fourth day of March, 1876, owned the entire property in question, and on that day sold and deeded to her son Sobriskie, taking from him, as the consideration therefor, a life-estate therein for herself and husband, and the survivor of either of them. There were two houses upon the farm. One was the house of Mr and Mrs. Beamer, and the other of their son Sobriskie and his wife, and had been for several years. On the tenth of November, 1881, the plaintiff became the judgment creditor of defendant William Beamer, and upon an execution, levy, and sale thereunder became the purchaser of the interest in the premises he now claims, and after redemption expired under his deed received upon said sale, he claims the right to maintain this suit and recover, and was permitted to at the circuit, as against William Beamer, but not as to Sobriskie Beamer, and defendant William brings error.

No fraud is claimed in the case. The main question argued by counsel, and the only one needful to be considered by us, is was the interest of William Beamer in the premises described such as could be lawfully levied upon and sold under the plaintiff's execution? We are of opinion it was not. It is not claimed it could be done at common law. Under the constitution and laws of our state William and his wife were certainly entitled to their homestead rights in the premises exempt from levy and sale. The statutes permitting levies upon the interest of the debtor in real estate are as follows, (How.St. � 6108:) "All the real estate of any debtor, including legal and equitable interests in lands acquired by the parties to contracts for the sale and purchase of lands, whether in possession, reversion, or remainder, including lands fraudulently conveyed with intent to defeat, delay, or defraud his creditors, and the equities and rights of redemption hereinafter mentioned, shall be subject to the payment of his debts, liabilities, and...