Dixon v. McClure

Opinion by

Judge Cofer:

At the time of executing the first mortgage the appellant was a married man and resided with his family on the mortgaged land, and his wife not uniting with him in the mortgage he was entitled to a homestead as against that mortgage, and that right continued as against that mortgage, notwithstanding the death of his wife. Her death did not increase or enlarge the rights of the mortgagee. The mortgage as executed did not vest the mortgagee with a lien on the homestead and the operation of the mortgage was the same after her death that it was before. Wing v. Hayden, 10…