McMichaels v. Reece

This litigation arises on a motion to quash a sheriff’s return of an execution, which disclosed that the sheriff instead of levying the writ, .set off real estate to the debtor as her homestead. Plaintiff in the execution, claiming that the property was not exempt, filed his motion to quash the return and the court overruled it. He then appealed to this court for relief.

A. A. Reece and this defendant Emma J. Reece were husband and wife with several minor children. He owned and resided on the real estate in controversy which is not more than the statutory homestead exemption. He and his wife…