Harvey v. Thomas

HAWTHORNE, Justice.

The primary issue in these matters' is whether appellant Noel Thomas is entitled to be paid, by virtue of his homestead exemption, the full sum of $4,000 from the proceeds of a sheriff’s sale. The property-sold was seized under a judgment in favor of Melba L. Harvey for the principal sum of $2,500 plus 8 per cent per annum interest from December 22, 1951, until paid, 10 per cent attorney’s fees on the principal and interest, and all costs. After seizure of the property but before public sale, the judgment debtor, Thomas, intervened alleging that the property seized was his…