Bellport v. Harder

The opinion of the court was delivered by

Schroeder, J.:

The appellant herein seeks to impress a lien upon property claimed as a homestead by the appellees. Appeal has been duly perfected from an order of the trial court sustaining the appellees’ motion to quash the second execution levied upon the property. The trial court after hearing evidence held the property was the appellees’ homestead and therefore exempt from execution.

The controlling question presented on appeal is whether upon the evidence this court can say as a matter of law there was an abandonment of the homestead claimed by the…