Downey v. Wilbur

James Downey sued and recovered judgment against R. A. Wilbur and wife, in a justice of the peace court, in the sum of $55.82. He then filed a duly certified transcript from the docket of the justice of the peace in the county clerk’s office, upon which the clerk issued a writ of execution. The sheriff made a levy upon the property in which Wilbur and wife resided, and advertised it for sale. Prior to the date *52fixed for the sale, R. A. Wilbur filed in the office of the county auditor his duly acknowledged statutory declaration of homestead of the property advertised to be sold, and at once…