Perkins v. Lavarne

This is an appeal by the defendants, LaVarne and. wife, challenging the correctness of a mortgage decree of foreclosure rendered by the superior court for King county, in so far as it adjudicates that they do not have the right of occupancy of the mortgaged property as their homestead during the statutory period of redemption following the foreclosure sale. The controlling facts are not in dispute.

On March 18, 1929, Miss Palmer, being the owner of the residence property in question, executed and delivered to Perkins a mortgage thereon to secure an indebtedness then owing by her to him.…