Duell v. Potter

This is an appeal from the decision of the court below sustaining a general demilrrer to the petition, and *242dismissing plaintiff’s action brought to enjoin the sale upon execution of the following described real estate, to-wit: The northeast quarter, section 4, township 12, range 14, in Buffalo county, this state. The facts averred in the petition, and by the demurrer admitted to be true, may be summarized thus: On the 3d day of October, 1883, Sardius Smith entered, under the provision of the United States homestead law, the above described land; that prior to making final proof, to-wit, on…