Schultz v. Levy

This is an action to recover possession of real property. The plaintiff settled upon and acquired title to the land in controversy under the homestead laws of the United States, and received his patent therefor in July, 1891. Prior thereto, towit, on the-day of September, 1889, he executed his note to the Island City Mercantile & Milling Company for the amount of a debt then due from him to the company, which note he renewed in 1892, and in November, 1893, the milling company commenced an action thereon, and caused the real property in question to be attached. Judgment and an order for the…