State Bank of Wheatland v. Bagley Bros.

Riner, Justice.

A petition for rehearing has been filed in the cause by respondent, presenting the contention that this court was mistaken in its conclusion announced in the opinion heretofore filed herein that the lien of the mortgage unsigned by Mrs. Mamie E. Bagley and held by respondent could not be enforced against the claim of homestead made by ber in tbe ’Wheatland town property. Several propositions are advanced in support of this contention.

It is said now as it was urged in respondent’s brief before that no issue was made in the pleadings touching the claim of homestead right on the…