McClelland v. Bennett

On March 29, 1895, plaintiff began this action, asking to have a sheriff’s deed of the premises in controversy, which was made to defendant Bennett, set aside, and the title thereto quieted in him. Plaintiff sets up the proceedings in a certain cause, which he styles “Equity Cause No. 4,873,” and claims that in that action his homestead right in said premises was established against one William Wyant, who owned the judgment on which defendant’s title is based. Bennett filed an answer and cross petition. He denies that the land in question, is the homestead of plaintiff; denies that…