Nelson v. Dwiggins, Liquidator

This is an interlocutory appeal from an order overruling a demurrer to a bill brought by a bank liquidator to.foreclose á mortgage that had been executed by Beulah Nelson and her husband to Central Bank & Trust Company, as security for the payment of $4000.00, alleged to be due as part of the purchase price of the mortgaged land.

The contention of the appellants is that a purchase money mortgage executed by a remarried widow of a deceased vendee who had acquired a homestead right in the mortgaged land under an executory contract of sale taken by his vendor during the vendee’s lifetime, cannot…