48 Mich. 275 | Mich. | 1882
The bill in this case is filed to relieve the title to a lot in the city of Wyandotte which complainant Henry W. Pardo claims as his homestead, from a cloud occasioned by its being sold on execution to the defendant.
The sale on execution was made in 1874. There seems to be no dispute that complainants for many years prior to 1874 had occupied the lot and lived in the house thereon ; but it is claimed by defendant that they ceased to occupy it as a homestead a short time before the levy was made under which the sale took place. In respect to this supposed abandonment we find the facts to be as follows: Before the levy was made complainants or one of them had built a house on a lot across the street from the one in dispute, which was intended for occupation as a boardinghouse. When it was ready for occupancy Mrs. Pardo, one morning between three or four o’clock when her husband was away from the house on business, awoke the remainder of
The decree must be affirmed with costs.