In re Barrett's Estate

Citations

• 140 F. 569
• 1905 U.S. Dist. LEXIS 99

Syllabus

<p>Homestead — Waiver of Exemptions — Mortgage—Right to Exemption from Surplus.</p> <p>Where a homestead is sold under a mortgage, and the' proceeds are more than sufficient to satisfy the mortgage debt and costs, the homesteader is entitled to his exemption out of the surplus. This rule is based on equitable principles, and in view of the purpose of the homestead exemption is applicable in all cases, unless expressly or by necessary implication provided otherwise by statute.</p>