McGhee v. Way

Warner, Chief Justice.

The plaintiff in the Court below levied an execution upon the property of the defendant, which had been set apart as a homestead, first making an affidavit, as required by the Act of 1871, that the debt on which the execution was founded *283was a debt due for the purchase-money of the land levied on. The defendant in execution filed two counter-affidavits, in one of which he stated that, to the best of his knowledge and belief, he had paid the purchase-money for the land levied on, and that he has other lands in his possession that has not been homesteaded. In the other, he…