Knox v. Knox

In 1893 a homestead in sixty acres of land was duly set apart to the defendant in error as an “aged and infirm person.” Thereafter he and the plaintiff were married. The wife obtained a general money judgment and decree for permanent alimony. An ordinary execution was issued against the defendant for the amount of the judgment, and was levied upon the exempted land. The defendant filed a claim to the land, and his claim was sustained. The sole question for decision is whether the homestead property is subject to the lien of the judgment for permanent alimony.

Section 3377 of the Code declares:…