Commercial Bank v. Simmons

This is an appeal from a judgment recognizing the defendant’s right to a homestead exemption. The appellant, Commercial Bank, pleaded in the district court that the defendant’s petition praying for the homestead exemption did not disclose a right to the exemption, because it was not alleged that the defendant did not own any other property or .have other means. It is conceded that, in other respects, the' petition did disclose that the claimant of the homestead exemption was entitled to it. The only question in the case, therefore, is whether the judge ruled right in overruling the exception…