Fudge v. Fudge

The opinion of the court was delivered by

Brewer, J.:

This was an action of ejectment, brought by the heirs of Adam Fudge against one holding under an administrator’s deed. The first question presented is, as to the power of the court to order the sale of the land because of its homestead character. It appears that on the purchase of the land, Adam Fudge and wife executed a note and mortgage for part of the purchase-money. He moved upon the place, and occupied it as a homestead until his death, and his widow and children continued to so occupy it until dispossessed under the administrator’s…