McDaniel v. Westberry

Jackson, Chief Justice.

[R. D. Westberry foreclosed a mortgage against C. J. McDaniel and wife. The rule nisi, the rule absolute, and *381the execution issued thereon, each contained the statement that the debt'was for the purchase money of the mortgaged property. The mortgagewas levied on this property, and subsequently the plaintiff filed an affidavit that such property was subject to his debt. McDaniel filed an affidavit of illegality on two grounds:

(1.) That the property had been regularly set apart to him as a homestead, and that no affidavit had been made by the plaintiff, as required by…