First National Bank v. Duncan

Opinion of the Court by

Judge Clay

Affirming.

This appeal challenges, the correctness of the chancellor’s ruling in awarding W. H. Duncan a homestead in the surplus proceeds of his real estate, which was sold to pay his lien debts.

The facts are these: The action was originally brought by the Commonwealth Life Insurance Company to enforce a mortgage lien on certain real estate belong ing to Duncan. Judgment went by default and tbe land ■ was ordered sold. Several months later, and at tbe April, 1924, term, R. L. Pauli, who bad tiled a cross-petition, was adjudged a lien subject to prior liens on…