Southern Pacific Milling Co. v. Milligan

Plaintiff instituted this action upon a contract for the direct payment of money and procured a writ of attachment to be issued, and the sheriff levied the same upon the real property of the defendants, which was at the time of the levy subject to a valid homestead. The defendants, after said levy gave notice to plaintiff of a motion for *730an order releasing the lien of the attachment and discharging said levy. This matter came on regularly to be heard, and was granted by the court. The plaintiff has appealed from said order.

Section 1 of article XVII of the Constitution provides that, “the…