Prudential Insurance Co. of America v. Westfall

Hamilton, J.-

The legal question involved in this case arises out of a sheriff’s sale under special execution of an eighty-acre farm, forty acres of which constituted the homestead of the defendant. Prior to the date of the sale, the defendant caused notice to be served upon the sheriff demanding that he sell the nonhomestead forty first, and if this failed to bring sufficient to satisfy the judgment debt, that then the homestead be sold to make up the deficiency. The sheriff’s return states:

“I first offered the NW/4 of the SE14 of Section 36, Twp. 88, N., Range 48, and A. L. Sencenbaugh then…