H. Stern, Jr., & Bros. v. Wing

The principal defendant held under land contract premises occupied by himself, wife, and children as a homestead. He'attempted to convey to the intervener, Shappee, this homestead interest, for the consideration of $1,080. Mrs. Thomas did not join in the deed. One thousand dollars of the consideration paid by Shappee to Thomas was by the latter placed in the hands of the garnishee defendant, Wing, as security for an undertaking of suretyship, which has been discharged. In justice’s court defendant Wing set up these facts, and stated in his notice of defense that the sale of the homestead was…