Smith v. Rosenheim

Lewis, P.,

delivered the opinion of the court:

The bill was filed to subject the interest of the defendant, Smith, in certain real estate to the satisfaction of a judgment against him in favor of the plaintiff for $130.50, with interest thereon from the 31st day of October, 1878, till paid, and $9.58 costs. The object of the suit was not to recover the land, nor was “ the title or boundaries of land” in any way involved in the controversy. The case is not altered by the fact that in the progress of the cause a claim of homestead in the land was *541asserted by the defendant. “ The essence and…