Kimble v. Esworthy

Higbee J.

This was a bill by plaintiff in error, to foreclose a mortgage executed to him by defendant in error, Esworthy.

The defense made by Esworthy and his wife and sustained by the decree of the court below us, was, that the premises were exempt from, forced sale for the payment of the mortgage debt under the homestead laws of this State.

Esworthy being the head of a family and residing with the same, on the 22d day of March, 1875, purchased the premises in controversy of one William Johnson, received a deed therefor, took possession, and has occupied the same as a residence ever since.

At…