Hoskins v. Smith

This appeal is from a decree entered by the trial court when plaintiff refused to further plead after a demurrer was sustained to an amended complaint. The plaintiff, by his complaint, sought to have the court declare null and void a declaration of homestead made by the defendant, upon the ground that the property claimed as a homestead was purchased with funds acquired through a fraud perpetrated upon the plaintiff by the defendant. The necessary facts for the disposition of this case are as follows:

The plaintiff is the owner of a default judgment against the defendant in the sum of. $2,500,…