Swanson v. Anderson

This is an action to forfeit a real estate contract and to regain possession of the land described therein. The answer, by way of affirmative defense, asserted a claim of homestead. Trial by the court resulted in a judgment forfeiting the contract, quieting plaintiff’s title in the land, and awarding him the right to immediate possession thereof. The defendants have appealed.

On November 20, 1929, respondent sold to appellants a piece of improved real estate under written contract, according to the terms of which appellants made a substantial initial payment, assumed an existing mortgage, and…