Bell v. Jones

MOFFAT, Justice.

The facts, pleadings and judgment in this cause are fully stated in the opinion of Mr. Justice McDonough on the former appeal reported in Bell v. Jones, 100 Utah 87, 110 P. 2d 327, 330.

The sole question on this appeal is whether, on an execution issued upon a judgment for the payment of money only, the judgment holder may claim that the judgment is for a debt created for the purchase price of land claimed as a homestead by the judgment debtor, and prevail over the claim of homestead exemption and have the homestead sold to satisfy the judgment.

Based upon the fact that there…