Howell v. Burch Warehouse & Transfer Co.

Plaintiffs in error filed this action in the district court to enjoin defendants in error, or those acting for them, from selling, under execution and levy, certain lands upon which plaintiff Maude Howell had made marginal record entry of homestead. The exact question now presented, is whether or not an equitable levy, acquired by the filing of a complaint and lis pendens in a suit in the nature of a creditor’s bill is superior to a formal claim of homestead made after the equitable levy.

Plaintiffs, Alfred H. Howell and Maude Howell, are husband and wife, and each will be so designated herein…