Sheakley v. Mechler

De Grape, J. —

This appeal presents the question: May a mortgagor, under the limitation of our statute, pledge, as security for a debt, the right of occupancy of the homestead, with its incidental rents and profits, during the year of redemption? A categorical answer could be given; but the importance of the inquiry requires a brief discussion of the subject-matter involved.

The record discloses that, on August 24, 1922, plaintiffs filed their petition in foreclosure, and asked judgment against the defendants William and Kate Mechler, husband and wife, in the sum of $19,379.70, with interest…