Costanzo v. Harris

Stafford, J. †

This is an appeal from a summary judgment.

There is substantial agreement on the following facts: On May 8, 1961, Frank Costanzo and wife (hereinafter referred to as the appellants) sold a 1,200 acre farm to Norman Harris and wife (hereinafter referred to as the respondents). The respondents paid $16,000 on a total purchase price of $60,844.71. They executed a note for the balance and secured it by a purchase money mortgage.

Thereafter, respondents suffered financial reverses. On January 15, 1962, they filed a declaration of homestead on the entire farm. The declaration asserted…