Ard v. Pratt

The opinion of the court was delivered by

Johnston, J. :

C. H. Pratt obtained a judgment against Newton L. Ard and others and caused an execution to be levied on eighty acres of land to which Ard claimed to have the equitable title, and he further *776claimed that it constituted a part of his homestead exemption. He promptly brought an action alleging that the land levied on was a part of his homestead and therefore not subject to levy and sale upon execution, and he obtained a temporary order enjoining a sale. On a hearing the temporary injunction was dissolved, and this ruling was affirmed by the…