Andrews v. McCreary Lumber Co.

There are two questions propounded in this case. The first question is whether the holder of a mortgage on community property may foreclose his mortgage by proceeding against the mortgagor alone after the death of his wife, or is it necessary to have the succession of the deceased wife opened and to make the representative of the succession a party defendant in the foreclosure proceeding? The other question is whether a homestead exemption is lost if the head of the family suffers the homestead to be seized and sold, and thereupon moves away with his family, and several years afterwards dies,…