Morey v. James

Opinion by

RAY, 0.

This .appeal is from an order confirming a sheriff’s sale under execution of a 40-acre tract of land owned by the judgment debtor, S. T. Morey, claimed by him and his wife, Adda R. Morey, as ,a part of their homestead and exempt from forced sale. There is no claim that the judgment was for the purchase money, taxes due, or for work or materials used in constructing improvements. At .the conclusion of the evidence the court discharged the jury and confirmed che sale.

The vital question, as we view the law, arises upon the exclusion of the evidence tendered by the judgment…