France v. Hohnbaum

The folloAving opinion on motion for rehearing Avas filed September 20, 1905. Rehearing denied:

Barnes, J.

The questions involved in this case were decided by an opinion Avritten by Mr. Commissioner Letton, ante, p. 70, where it Avas held that a certain judgment in favor of the plaintiff and against the defendants Avas not a lien on the defendants’ homestead superior to a mortgage, the proceeds of which Avere used to pay off another mortgage which Avas executed and recorded prior to the time the judgment Avas obtained; and that the' court could refuse to appoint appraisers to appraise the…