Flannigan v. Beavers

Appellants are tbe heirs-at-law of Simon Flannigan, who died in 1899, and, at the time of his death, was in possession of a 120-acre tract of land in Columbia County, which he and his wife were- occupying as their homestead. Flannigan and his wife had executed a deed of trust on this land to one S. 0. Couch, but that instrument had not been acknowledged in a manner to conform to the act of March 18, 1887, entitled “An act to render more effectual the constitutional exemptions of homesteads,” which appears as § 5542, C. & M. Digest. This deed of trust contained a power of sale, and, pursuant…