Welborne v. Downing

Henry, Associate Justice.—

Mary B. Welborne claims title to the land in controversy as a purchaser at forced sale.

The defendant, John Downing, Sr., claims that it was his homestead, and as such exempt from forced sale at the date of the levy and sale.

Downing with his wife and four minor children having resided on the premises for several years before, he, in the year 1884, with his wife and two of the children went to Montana Territory and remained there until the levy and sale were made, after which he returned and again resided on the place for a short time, when he sold it and returned to…