John Chaffe & Sons v. McGehee & Co.

The opinion of the Court was delivered by

Fenner, J.

The sole question presented by this appeal is whether a mortgage granted by a debtor upon his duly registered homesteadi *279under the Constitution of 1879, can he enforced against said prox>erty after the homestead therein has ceased to exist and the debtor, with his family, has removed from the State.

The contention of the debtor is that under Art. 222 of the Constitution, the mortgage was an absolute nullity ah initio, insusceptible of ratification and incapable of acquiring effect by any subsequent event.

We cannot concur in this view, which…