Moffitt v. Denniston & Partridge Co.

Plaintiffs, on December 27, 1939, filed petition for injunction, asking that defendants, Denniston & Partridge Company and Eay E. Barber, sheriff of Jasper county, be restrained from selling plaintiffs’ homestead under a judgment on plaintiffs’ note executed subsequent to the acquisition of their homestead, claiming that the lien of the levy, if any, was dissolved by their adjudication as bankrupts. Temporary injunction issued. Defendants’ answer alleged: (1) That the indebtedness represented by the judgment was for material furnished and used exclusively for the improvement and construction…