Kelly v. Stephens

McCay, J.,

concurring, wrote no opinion. His reason propounded from the bench was as follows: “ An execution founded on a debt contracted for the purpose of paying a judgment about to sell the land, is within the exceptions to the constitutional provision securing to the family of a debtor, a homestead; it is an execution founded on a debt contracted for the removal of an incumbrance, and comes within the express exception of this Act.”