Kleinsorge v. Clark

In 1901 plaintiff became the owner of two lots in the town of Dundee, not exceeding a half acre in extent, which he and his family have occupied as their home continuously since 1904. Defendant Clark holds a judgment against plaintiff for $1,223 on an indebtedness contracted by plaintiff- in 1921. Execution issued on this judgment and defendant sheriff levied upon said property. This suit was brought to enjoin the sale under execution because the property was plaintiff’s homestead and therefore exempt from judicial sale, under section 10150, Code, 1939.

The defense is that the homestead…