Lyon v. Herboth

The question in this case is whether a homestead is subject to a purchase money judgment.

The defendants sold and conveyed the land in question to the plaintiffs, who paid therefor by assigning to defendants a note held by them, the payment of which they guaranteed. The plaintiffs thereafter lived on the property and duly claimed it as a homestead under our homestead laws. After the declaration of homestead, the defendants obtained a judgment against the plaintiffs on their guarantee of the note in question. That judgment recites that it is on account of the purchase price of this land.…