Cowan v. Carson

This bill was filed by complainants to stay waste and to have their right declared in a tract of land which they had purchased, subject alone to a homestead interest. The question presented by the record is, does a sale and conveyance, for a valuable consideration, by the widow to whom *524homestead had been set apart, followed by possession on the part of the alienee, forfeit or terminate the homestead right, or does it continue in the alienee?

“The general rule is that statutes creating homestead exemptions do not operate to restrain in any particular the voluntary alienation or mortgage of the…