Brantley v. Stephens

Hall, Justice.

An execution was levied on property set apart to the defendant as a homestead and exemption, “ by reason,” as the sheriff states in the entry of his levy, which purports to have been made on the 6th day of April, 1885, “ of an affidavit of plaintiff’s attorney that the homestead is subject.” The property was advertised for sale on the first Tuesday of November, 1885, when the defendant interposed her claim thereto as quasi trustee of her minor chil*468dren, who, with herself, were the homesteaders. This claim was dated 31st October, 1885, and was duly returned .by the sheriff,…