Daniels v. Peck

This is a proceeding under Chapter 44, Revised Statutes 1919, section 5863, concerning homesteads and is to subject the excess in defendant’s homestead to the payment of a judgment obtained by plaintiff against the defendants. The court after making the proper finding of facts ordered1 the property sold, decreed that of the proceeds therefrom $1500 be first paid to the defendants; that next plaintiff’s judgment and costs be paid, and that the balance of the proceeds that might be left be- paid to the defendants. . Defendants have appealed.

The facts show that on August 21, 1925, plaintiff…