Clubb v. Wise

The appellants filed their bill in equity in this case in the Lawrence circuit court to set aside a sale of land by the master in chancery under a decree of foreclosure of a mortgage obtained by the defendants, the mortgagees, against Samuel H. Clubb and Sally J. Clubb, his wife, the mortgagors, the father and mother of the complainants.

The ground relied on to vacate the sale was that the homestead right of the mortgagors was not released by the mortgage, and had been sold under the decree.

The proceedings in the foreclosure suit are set up in the answer, from which it appears the homestead…