Hope v. Hollis

Opinion by

Judge Pryor :

There is a seeming hardship in this case, but like cases will often present themselves where the creditor has parted with his substance for the maintenance of the debtor and his family and when attempting to coerce payment is told that the homestead is exempt. The status of the property at the time the creditor attempts to deprive the debtor of his homestead must determine the question as to the right to sell it. If the debt was created prior to the passage of the act (Acts 1865-6, ch. 494; Gen. Stat. 1881, ch. 38, art. 13, §§ 9-16) or the purchase has been made or…