Carr v. Britton

Opinion op the Court by

Judge Perry

Affirming.

W. C. Carr, the appellant in this action, is seeking to recover a homestead, in behalf of himself and his wife, in property sold by the master commissioner of the Mercer circuit court, under its judgment so directing and rendered by default in the case of James A. Stout’s Committee v. W. C. Carr et ah, at which sale the appellee Finley Britton became the purchaser.

■ The lower court sustained a demurrer to the petition, and, the plaintiffs declining to plead further, their petition was dismissed. They have appealed.

The appellant has made the complete…