Esterly v. Broadway Garage Co.

HONORABLE C. W. POMEROY, District Judge,

sitting in place of MR. JUSTICE GALEN, absent on account of illness, delivered the opinion of the court.

This is an action to quiet title. The defendants allege in their answer that the defendants, Jacimo Morello and Julia Morello, are the owners of the premises by deed from the defendant, Broadway Garage Company, execution purchaser on a judgment against the plaintiff. The prayer is that title be quieted in the Morellos. The reply alleges facts designed to show the premises were the homestead of the plaintiff when the judgment on which execution sale…