Bridewell v. Halliday

The opinion of the Court was delivered by

Pocutó, J.

Plaintiff has enjoined the execution of a judgment of $3070 49, rendered against him by this Court, in favor of the defendant, Halliday (36 Ann. 238), on the ground that the property levied upon is exempt from seizure, as his homestead.

The grounds of resistance urged by defendants are:

1. That the debt sought to be enforced was contracted by him as a fiduciary.

2. That plaintiff’s homestead declaration was registered after the debt sought to be enforced had been contracted.

The case was tried by a jury, who found in favor of plaintiff, and…