Jackson v. Phillips

In this case the appellant alleges for his canse of action the existence of an executory contract for the sale of real estate to which the deceased person, of whose estate he was the administrator, during his lifetime, became a party, and to -which the appellee ivas also a parly; that there had been a failure on the part of the appellee to perform his agreements evidenced by said instrument. *191The relief asked was a foreclosure as of a mortgage. The appellee in his answer pleaded occupancy of the premises involved in the suit with his family as a home and its consequent homestead character, and…