Wagner v. Downey

The opinion of the court was delivered by

Hoch, J.:

This was an action to subject the farm upon which defendant lived to payment of a money judgment. Motion was filed *506to quash the execution on the ground that the farm was defendant’s homestead and that the plaintiffs had waived any alleged purchase-money lien. The motion was sustained and a motion for a new trial overruled. Plaintiffs appeal.

The principal question presented is whether the court erred in holding that the defendant could claim homestead exemption as against the judgment.

On October 10, 1938, the plaintiffs, as executors of the…