King v. Chandler

The bill of complaint is fatally defective in not showing that the property in question was the homestead of P. L. King at the time he executed the mortgage. The fact that complainants were living on the place when the bill was filed —and no more than that is alleged — is not sufficient to show that it was their homestead eight or nine months before that time.

But, in any event, the law was long since settled in this state, in harmony with the statute making a vendor’s lien for unpaid purchase money superior to the vendee’s claim of homestead exemption (Code 1923, § 7884), that the homestead…