Harter v. Davison

MISER, C.

E. E. Harter, husband' of respondent, mortgaged to appellant two lots with a dwelling house thereon in the town of Burke. On foreclosure by advertisement, certificate of sale was issued to appellant. Respondent brought this suit to enjoin issuance of sheriff’s deed. The trial court rendered judgment for respondent, having found' that Harter purchased the premises with the intent on the part of both husband and wife of occupying' them as a homestead, and that, on April 13, 1922, when the mortgage was signed and delivered, the premises constituted the homestead ’ of respondent and her…