Machicek v. Barcak

This is a suit for debt and foreclosure of a lien on land. Foreclosure of the lien was resisted on the claim that the lien securing a part of the debt was attempted to be created after the land had become defendants’ homestead, in violation of Article XVI, Section 50, of our Constitution.

The tract of land in question was originally owned and occupied by Joseph Machicek and his wife, Johanna, as their homestead. On August 8, 1922, after the death of Johanna Machicek, intestate, Joseph Machicek and four of their five children conveyed the land to August Machicek, the fifth child, for a recited…