Symonds v. Lappin

Appellants bring this record here, and ask a reversal of the decree, upon the ground that the court erred in decreeing the foreclosure of a mortgage on property wherein they had a right of homestead, which they had not relinquished pursuant to the requirements of the statute in that regard.

Unless the right of homestead existed when the mortgage was executed, there was, obviously, no necessity for its relinqnish.ment; and it does not follow, either as a logical or legal conclusion, that because the property was occupied by appellants as a homestead, when they answered appellee’s bill to…