Speidel & Co. v. Schlosser
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the municipal court of Wheeling, rendered on the 21st day of August, 1875, in a cause in said court then pending, in which Joseph Speidel & Co. were plaintiffs, and Christian Schlosser and others were defendants,’granted’on the petition of said Schlosser. Hon. G. L. Cranmer, Judge of the municipal court of Wheeling, rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the municipal court of Wheeling, rendered on the 21st day of August, 1875, in a cause in said court then pending, in which Joseph Speidel & Co. were plaintiffs, and Christian Schlosser and others were defendants,’granted’on the petition of said Schlosser. Hon. G. L. Cranmer, Judge of the municipal court of Wheeling, rendered the decree appealed from. Moore, Judge, furnishes the following statement of the case: The plaintiffs filed in the municipal court of Wheeling a bill in Chancery against the defendant, to enforce a judgment lien. The bill…
1Opinion of the CourtMoore, Judge
The appellant’s first assignment is, that the court erred in sustaining the exception to the answer.
The only defense the answer attempts to make to the bill is, that the defendant on the 26th day of August, 1874, recorded his declaration of intention to hold the real estate, described in the bill, as a homestead exempt from forced sale, under and by virtue of art. 6, sec. 48 Constitution, and the laws of the State made in pursuance to said section 48.
• The appellees argue, that the appellant was not entitled to hold the property exempt from the satisfaction of this debt, by virtue of the…
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