Beard v. Montgomery Ward & Co.

The opinion of the court was delivered by

Foth, C.:

This is an action to set aside a 1966 sheriffs deed, issued on execution against forty acres of land near Tonganoxie formerly owned by the plaintiff, Willa Beard. The trial court found she had no homestead exemption and refused to set aside the deed. It also overruled her post-trial motions for a new trial and to set aside the judgment, and plaintiff appeals.

In her petition, filed September 23, 1969, plaintiffs claim' of a homestead exemption was based on a simple allegation that she was the owner and lived on the property on December 30,…