Benedict, Hall & Co. v. Webb

Bleckley, Judge.

The debt was contracted without waiver of homestead. The creditor, however, resisted when the debtor sought to have a homestead set apart to him out of the mortgaged property. An adjustment of the controversy took place, and the homestead was set apart, subject to the mortgage. We cannot discover from the record, that the stipulation between the parties embraced any homestead right, other than the one then being asserted. ■ The homestead estate then in question, was not to be superior to the mortgage. That estate depended upon the life of the debtor’s wife, she being the only…