Kimbrel v. Willis

This was a bill in chancery, filed by the plaintiff in error, to set aside a sale under execution, on August 14, 1878, of a certain forty acres of land in Jefferson county, of the value of from $200 to $400, on the ground that it was his homestead, and as such was exempt from the sale.

It is solely upon the point of having a family at the time of the judgment and execution sale, as the case is presented, that the question of homestead right is made to depend.

Sections 1 and 2 of the Homestead act are as follows:

“ § 1. That every householder having a family shall be entitled to an estate of…