Bentley v. Gay

Speer, Justice.

The defendant in error caused a ji. fa. in his favor to be levied upon certain real estate in the possession of plaintiff in error, to which he interposed his affidavit of illegality,, and also a claim to the property levied on as having beeni exempted and set apart to him for the benefit of hisffami*668ly under the homestead laws of this state. On the trial of the issue made on said illegality and claim, under the evidence and charge of the court, the jury found the issue in favor of the plaintiff in fi. fa., and' against said illegality, with twenty per cent, on' the principal of…