White v. Wheelan

Blandeord, Justice.

Defendant in error made oath that plaintiff had a homestead in certain lands, and that the same were subject to a certain judgment and fi. fa. in her favor, against said White, because said judgment was founded on a promissory note, the consideration of which was the purchase ■money for said lands embraced in said homestead. The defendant made oath that said note was not given for the purchase money of the lands embraced in said homestead.

This issue was returned to the superior court; and on the trial of this issue, one Cullen Davidson and others testified that White wanted…