Browning v. Harris

delivered the oninion of the Court:

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This was a bill to foreclose a mortgage, executed in 1877, by Thomas Harris and wife to Margaret Browning, to secure an indebtedness from Harris to Daniel Browning.

Before and at the time of the conveyance the mortgaged premises belonged to Harris in fee, and were occupied by him and his family as a homestead. The mortgage contained no release or waiver of the homestead, but, ou the contrary, expressly reserved the same, and it is conceded the premises were worth less than $1000. After the execution of the mortgage, Harris leased the premises for one year,…