| Show SUPREME COURT OPllNS DECRER MODID I KIA APPELLANT VS SAIiURY I Case Governed By the Homestead LwAn Affirmation I Maggie Smith 1 HouEr v Charles Smith Two inions were yesterday landed ddpn by the state supreme court In the case ofJ Gorden Kimball ad Jen nie S Kimball appellants vs O J SalIsbury isbur and T P Lewis exsherif of Salt Lake county the opinion which modified the decree of the trial court and concurred was written by Justice Bakin cUled in by Justice Miner while Chief Justice Barteh dissented The acton WS brought to Quiet title to three pIeces of real estate claImed by the Kimbals as theit homestead The defendant Salisbury obtained a judgment against Z T Stewart and judgent Kimball Execution was issued Is-sued and the sheriff sold two of the parcels and the third was being advertised ad-vertised for sale when the suit a begun be-gun In the opinIon two points are discussed dis-cussed Did the prethise0 sold const and if tute any part of the homestead they dId was the right of homestead waived by a failure to clam the same Drevious to the sale The first poInt is decided in the af frmatve and the second in the native na-tive The decree is therefore modified so as to include the first and second pieces of real estate on the homestead of the appellants ap-pellants and to declare the sale of said real estate void and to quiet title of the appellants to the same |
