Harms v. Ehlers

McClendon, chief justice.

This suit involves the sole question whether an abstract of judgment lien attaches to the homestead of the last surviving member of the family upon the death of such survivor, the homestead being his separate property and the judgment having been recovered against him and abstracted during his lifetime.

The homestead property was a tract of 1.9 acres and was the community property of H. Amberg and wife. The facts are concededly without dispute. The property was the homestead of the Ambergs for many years before 1937 and so remained until the death of the wife in 1937,…