Brooks v. Black

Cunningham,

Judge, specially concurring:

I cannot concur in the reasoning by which the majority of the court has reached the conclusion that the homestead exemption was . properly claimed and allowed. To hold that a claim of homestead may be made upon a deed or instrument fraudulently executed, delivered and accepted, is to abrogate section 2671 R. S. pertaining to frauds and perjuries, or to amend said section by judicial construction, and thereby make it read:

“Every conveyance of any real estate or interest in land made with intent to hinder, delay, or defraud creditors of their just demands…