Van Wickle v. Landry

The opinion of the court was delivered by

Manning, C. J.

This suit is upon a promissory note of defendant, the payment of which is secured by a mortgage upon a tract of land containing about sixty-seven acres. The plaintiff asks a payment for the amount of the note and interest, and for the recognition and enforcement of the mortgage.

*331The defendant admits the execution 'of the note and mortgage, and denies that the mortgage can be recognized now or enforced hereafter, because the property is exempt from seizure by the, provisions of the homestead act of 1865. Rev. Stat. of 1870, sec. 1691.

The…