DORN v. HOWE

The action is' ejectment; the plaintiff claiming under an execution sale; the defendant claiming that the property was his homestead. The Court filed findings, and the appeal is solely upon the judgment-roll.

The following facts are shown by the findings:

1. In the year 1870, the defendant, with his wife and children, was living upon and occupying as a residence for himself and family the certain premises hereinafter more particularly referred to ; and while so living upon and occupying said premises, the defendant prepared and filed his declaration of homestead upon said premises, and…