Fest v. Williams

On Motion for Rehearing.

In the original disposition this court held that the trial court did not err in excluding from evidence tax receipts offered by appellants to show payment, by the mortgagee, of certain taxes upon the property involved. What was said upon that question will be withdrawn from the original opinion, and the matter will now be discussed anew.

Under the provision of the Constitution which prohibits the forced sale of a family homestead, an exception is made in the case of taxes due thereon, for which the taxing power has a lien upon the property. Article 16, § 50.

A person who…