Francksen v. Miller

McCORMICK, Justice.

This appeal concerns the effect of one spouse’s homestead rights on a forcible entry and detainer action brought against the other spouse. Plaintiff Larry Francksen purchased a 100-acre Plymouth County farm owned by defendant Ernest Dean Miller at a sheriff’s sale executing a foreclosure judgment. Plaintiff brought the present forcible entry and detainer action against defendant in an effort to obtain possession of the land. Defendant contended the foreclosure judgment and sheriff’s deed were void because the premises included his homestead and his wife was not a party to…