Dotson-Murray Fruit Co. v. Leibrand

The opinion of the court was delivered by

Smith, J.:

This was an action for money. Judgment was obtained by plaintiff. The trial court stayed further proceedings when plaintiff attempted to force the sale of defendant’s homestead to satisfy the judgment. Plaintiff appeals.

On November 19, 1932, Christ Leibrand, defendant, filed his petition in bankruptcy. Among his assets he listed the land which is here in controversy. He claimed this land to be exempt as a homestead. Plaintiff filed its claim in the bankruptcy proceeding, and it was allowed. Thereafter the order allowing the claim was set…