Dixon v. Moller

Mr. PRESIDING JUSTICE JONES

delivered the opinion of the court:

Annette D. Moller and Roy Moller appeal an order of the trial court providing for the partition of real estate and affixing as a first lien upon the premises a $5000 right of homestead after payment of any mortgage liens in which the right of homestead had been waived by Roy Moller.

The facts necessary to dispose of this case are briefly stated as follows. Appellants are husband and wife. They purchased the premises in question as joint tenants on March 8, 1962. On January 8, 1962, the premises were mortgaged to Mercantile Mortgage…