Miller v. Southeastern Finance Service, Inc.

LOTTINGER, Judge.

■ This is a suit to enjoin a sale of property belonging to petitioners under a writ of fieri facias for a price less than the constitutional homestead exemption of $4,000. The Lower Court held in favor of petitioners and granted the injunction. Defendants have taken this appeal.

The record discloses that on December 21, 1957, the petitioners, Percy O. Miller, and his wife, Massie L. Miller, executed a chattel mortgage in favor of defendants, Southeastern Finance Service, Inc. The said chattel mortgage was in authentic form and bore against certain household furniture and…