Prudential Insurance Co. of America v. Westfall

(dissenting) — I find myself unable to agree with the foregoing opinion, for the following reasons:

This is an action to foreclose a real estate mortgage upon an eighty-acre farm, forty acres of which constituted defendants’ homestead. A decree of foreclosure was duly entered and a special execution issued thereon. Prior to the date of the sheriff’s sale, the defendant served notice on the sheriff, demanding that the nonhomestead forty he sold first. At the sale, the sheriff received a bona fide bid of $2,000 for the nonexempt land, but refused to sell it separately. He then offered the…