Whitfield v. People's Union Bank & Trust Co.

Land owned by Whitfield was subjected to foreclosure in equity under a mortgage which he had executed to secure a debt. He did not set up any claim to homestead in the land in that proceeding, hut subsequently filed this bill claiming homestead rights, subject to the mortgage debt, as to which he had waived homestead in the. original instrument.

The rule is that homestead should be assigned out of the surplus proceeds, where lands are sold under a mortgage containing a waiver; such waiver having no application to other than the secured debts. Jackson v. Shelton, 89 Tenn. (5 Pickle), 82, 16 S.…