Brodsky v. Maloney

If this property was the homestead at the time the first mechanics’ lien claim came into existence the mechanics’ claims are not liens. Our opinions allowing the homestead exemptions were mainly based on an ownership of the property by deed. An exception was Smith v. Allmendinger, 41 *615S.D. 144, 169 N.W. 512, where the claimant had a contract for deed, occupied the property since October 1915 and received -his deed in July 1916; the materials were furnished in May 1916. There intent, actual occupancy and a valid contract for deed were present. In The Home Lumber Co. v. Heckel, 67 S.D. 429, 293…