Stewart v. Rockdale State Bank

McClendon, c. j.

The bank sued Stewart upon a note for $3S0, and caused an attachment to be levied upon two parcels of real estate. Stewart filed a plea challenging the jurisdiction of the court to foreclose the attachment lien, alleging that title to one of the parcels was in his wife, and the other parcel was his homestead. This plea was overruled. Whereupon Stewart offered to produce evidence in support of this allegations ; which was denied “because it was the opinion of the court that this court was without power or jurisdiction to hear or determine the ownership of said lands or the…