Morehead v. Yongue

W. W. Yongue, a single man, acquired title to certain property in 1932 at which time there were outstanding against him certain judgments. Afterwards execution was levied on the real estate. Yongue, on September 25th, 1936, filed bill to enjoin sale, claiming the property as homestead and, therefore, exempt from forced sale.

McNab answered the bill and in paragraph 1 and 2 thereof alleged:

“Defendant denies that the property involved herein constitutes or has ever constituted the homestead of the plain tiff, and says that the same is subject to forced sale under the executions and judgments…