Blum v. Whitworth

Robertson, Associate Justice.

The verdict of the jury affirmed that the lots in controversy were the homestead of defendant at the date of the execution levy upon and sale of them, under which the plaintiff claimed. The three lots were sold under one judgment, but lots seven and eight were sold under one execution, and half of lot one under another. The defendant, aftér pleading not guilty, under which he could have claimed the exemption, pleaded specially that the plaintiff claimed the lots through an execution sale, describing only the deed to lots seven and eight, and prayed the…