Locke v. Collins

Does the filing of a declaration of homestead remove the lien of a judgment from the entire property?

July 2, 1947, Josiah Collins, Sr. (predecessor in interest of defendants and appellants), secured judgment against plaintiffs. Three thousand four hundred and forty-eight dollars and twenty-six cents, with interest at six per cent per annum from that date, remains unsatisfied.

Shortly after entry of the judgment, on July 7, 1947, plaintiff husband and wife (respondents) filed a declaration of homestead on the property. They then were, and still are, residing on the property. The record contains…