Blitz ex rel. Erickson v. Metzger

The opinion of the court was delivered by

Harvey, J.:

This appeal involves the claim of a creditor, who intervened in a partition action and endeavored to subject the share of the defendant in that action, arising from the sale of the property sought to be partitioned, to the payment of her claim. The questions argued are whether the property partitioned was the homestead of defendant, the intervener’s right to subrogation, and the statutes of limitations applicable thereto. The case was tried to the court, who made findings of fact and conclusions of law and rendered judgment for defendant.…