Branch v. Ford

Atkinson, Justice.

The defendant was the holder of a promissory note against the plaintiff, which note was secured by a mortgage upon a tract of land containing 175 acres. In the execution of the note, plaintiff waived 'the benefit of the homestead and exemption law. Defendant sued the note to judgment, foreclosed his mortgage, caused the property to be sold, and at the sale became himself the purchaser. He was proceeding to dispossess the plaintiff when the latter filed a petition for an injunction, alleging that prior to the execution of the note, the property had been set apart to him as a…