Lee v. Brown

Opinion

RICHARDSON, J.

In this case we consider whether defendants in a foreclosure action have waived their right to appeal a trial court judgment ordering an execution sale of their homesteaded property by accepting the amount of their homestead exemption from the sales proceeds. We conclude that defendants have not waived their appeal right. .

In 1967 defendants recorded a valid declaration of homestead on their real property in Lake County. Thereafter plaintiff, having recovered-a judgment against defendants in the sum of $42,366.54, caused a writ of execution upon the judgment to be levied…