
    Addison P. Cook vs. Sylvanus Hitt.
    Property that has been attached and which is exempt from execution cannot he released from such attachment, upon motion made in this Court.
    
      Hillsdale Circuit,
    
    
      Sept. 1870.
    Plaintiff commenced attachment suit against defendant and attached certain property which defendant claimed was owned and occupied by him as a homestead.
    Defendant moved to have the property released, on the ground that the projieity was a homestaed, and filed affidavits to that eflect, upon which the motion was based.
    
      Dickerson Keiting for Plaintiff, cited,
    
      Drake on Attachments, 417; 7 Michigan 507; 3 Wisconsin 756; 14 Wisconsin 576; 6 Michigan 468.
    
      
      J. C. Willis, for Defendant, cited.
    
      Drake on Attachment 416; 11 Michigan 858; 6 Michigan 468.
   By the Court,

Pratt, J

The mo'tion is overruled. The question is too important to be tried by affidavits. The defendant must seek relief by filing a bill to remove the cloud upon his title, or it may come up, if sn attempt is ever made to get possession, by an action of ejectment.  