Schlaudt v. Hartman

*113The opinion of the court was delivered by

Marshall, J.:

The plaintiff appeals from a judgment refusing to confirm a sheriff’s sale of real property, and setting aside that sale. The sale had been made pursuant to a levy under an execution issued on a judgment rendered in favor of the plaintiff and against the defendants. The defendants claimed, and the court found, that the property was their homestead. The plaintiff contended that the property was not ■ the defendants’ homestead, and that contention is now presented to this court. This necessitates an examination of the evidence to see whether…