Blomgren v. Van Zandt

LESLIE, Chief Justice.

L. L. Blomgren, guardian of a non compos mentis, instituted this suit against G. W. Van Zandt and wife, Cora Van Zandt, to recover on a note payable to said ward and to foreclose a deed of trust lien on 80 acres of land securing the debt. In connection with other defenses, the defendants resisted foreclosure of the lien on the theory that the land was their homestead when the note and lien were given.

The trial was before the court without a jury and resulted in a judgment for the debt against the husband G. W. Van Zandt only and foreclosure of the lien was denied,…