Barber v. Babel

By the Court, Sawyer, C. J. :

On the 17th of March, 1860, the defendants, Frederick Babel and his wife Sophia, executed a note of that date, payable one year after date, in favor of the plaintiff, Julia A. Barber, then Julia A. Gallup, and a mortgage upon certain lands to secure its payment. Subsequently, on the 22d of April, 1861, the said defendants duly filed and had recorded in the office of the Recorder of the proper county, a declaration of their intention to hold and claim the land so mortgaged, as a homstead under the statutes of the State. Subsequently, on the 27th of February, 1865,…