American Savings Bank of Marengo v. Willenbrock

The record does not require us to trace de fendant’s homestead rights further back than to his ownership and occupation of 117 acres, prior to the incurring of the debt sued on. It does not appear that any homestead in the 117 acres had ever been platted, but the case was tried upon the theory that a particular 40 acres of that tract was a homestead. The 117 acres were subject to mortgages aggregating in amount $19,175. After the indebtedness to plaintiff was incurred, defendant exchanged the 117 acres for the 40 acres now in controversy. He immediately moved upon, and has ever since with his…