Battey v. Barker

*518The opinion of the court was delivered by

Smith, J.:

Charles Barker, the father of defendant in error, died intestate, seized of about 146 acres of land. He was a widower, and the defendant in error is. his only surviving child. She is about twenty-seven years old and unmarried. At the time of the death of Charles Barker the land above mentioned was occupied by him as a homestead. His daughter, Nancy A. Barker, resided with him and constituted his family. The question presented is whether the land, which continued to be occupied by the daughter after her father’s death, is subject to sale for…