Wheeler & Wilson Manufacturing Co. v. Christopher

JACKSON, Chief Justice.

The single question made in this record is, whether am effort having been made in 1876 to have a homestead set apart, but being void as the levying creditor for want of notice to him, another homestead in the same property could be set apart in 1881.

The court below held that it could be done, and the-plaintiffs in error excepted.

There never was any homestead set apart as to this creditor. A void thing is nothing. Therefore a homestead might be set apart as to this creditor in a case against it,, for the reason that the former one, though good as to-those notified, was…