De Haven & Son Hardware Co. v. Schultz

Plaintiff, as judgment creditor, levied upon 120 acres of land owned by the defendant. Upon motion to confirm the sale,, the defendant ob jected, asserting- that the property was exempt from sale upon execution by reason of its being- his homestead. The matter was submitted upon affidavits and counter-affidavits and the trial court set aside the sale in accordance with the petition of defendant. Plaintiff appeals.

It appears from the affidavit of defendant that, for a period, of about 12 years prior to the time that this property was levied upon, he and his wife lived continuously upon the…