Barten v. Martin

The opinion of the court was delivered by

Hutchison, J.:

The plaintiff in this case appeals from the order of the trial court setting aside a sheriff’s sale on the ground that the premises sold were exempt from execution. The question involved has particular reference to the application of the homestead provision of the constitution, section 9 of article 15, with reference to the words “occupied as a residence.” The property sold under execution was a building and tract of ground underneath it, twelve by twenty feet, occupied by a dentist, it being a part of a lot consisting of less than one…