Cherry v. Godard

McNEILL, O. J.

(concurring). I concur in the result, but it seems to me that the real question is not answered by the majority opinion.

The question presented is whether waiver of appraisement in a promissory note dispenses with the appraisement of land sold under execution in an attachment proceeding.

On November 23, 1917, the land in question had been set apart to Odia 0. Godard and the minor children of her deceased husband by the county court of Lincoln county as a homestead for the use of tlie family. The widow, after the death of her husband, never lived on said premises, but remarried a…