Cain v. Chennault

The appellants are the judgment debtors of the appellee who sued out an execution to be levied upon a tract of land in Saline county belonging to the appellants. Appellants attempted to prevent the levy of the execution and the sale thereunder by means of a schedule filed with the clerk of the court in which it was claimed that the property was their homestead, and therefore not subject to execution. On a hearing, the clerk refused to issue the supersedeas as prayed, and, on appeal to the circuit court, the supersedeas was denied and the schedule dismissed. At the hearing in the circuit…