Damron v. Pikeville Grocery Company

Opinion op the Court by

Judge Dietzman

Affirming in part and reversing' in part.’

In March, 1921, the appellant, who was then indebted to the appellee, Pikeville Grocery Company, in the sum of $472.89, which indebtedness he later reduced to the sum •of $399.89, executed to it a mortgage on a certain piece of real estate which the pleading’s herein concede was his homestead. The appellant’s wife did not join in this mortgage, nor did she ever release or waive the right of homestead exemption. In June, 1921, the appellant was duly adjudicated a bankrupt in the féderal courts and thereafter in due…