¶1I do not concur in the foregoing opinion-. The point upon which it is decided is not raised by any assignment of errors, and has not been argued by counsel, and I am not prepared to say what opinion I might have upon it if it were deliberately considered. As at present advised, I should not be inclined to agree in the views expressed, but I place my non-concurrence on the ground that the point has neither been argued nor made by counsel.
51 Mich. 157
Riggs v. Sterling
Decided June 22, 1883
Michigan Supreme Court · decided 1883-06-22
<p>Proceedings to recover possession — Homestead.</p> <p>Questions of title are not triable in mere summary proceedings before a circuit court commissioner to recover possession of real estate; and. a homestead right, though not strictly an estate, sufficiently involves the question of title to fall within this rule.</p> <p>A justice of the peace has the same jurisdiction as a circuit judge in summary proceedings to recover possession; and the judge can decide no question therein that could not have been decided by the justice.</p> <p>Adverse and paramount homestead rights, claimed by an execution defendant, may be brought under consideration in ejectment brought by an execution purchaser; or the defendant can move to set aside the execution sale, or file a bill in equity.</p>
Good law ✅— No negative treatment on recordhow we know
Proceedings set aside · Decided 1883-06-22
How this case has been cited
Cited by 8 later decisions — most recently October 1914
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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