This was a claim ease, at the trial of which the following facts appeared: John E. Hall was the owner of a tract of land, which in 1868 was set apart as a homestead upon the application of “Elizabeth M. Hall,” describing herself as the wife of John E. Hall, who was alleged to be the head of a family consisting of his wife and two minor children; the application being made; by the wife for the reason that the husband refused to make the same. On January 26, 1892, John E. Hall executed a deed conveying in fee simple to Eliza M. Hall the land out of which the homestead estate was carved. At the date this deed was made the two children of John E. Hall, ‘who were the beneficiaries of the homestead, had attained their majority. On April 14,1893, Eliza M. Hall executed and delivered to Edith S. Goodell a mortgage upon the land above referred to, the debt thereby secured, so far as the record discloses, not belonging to any of those classes of debts to the payment of which the homestead could be lawfully subjected. A fi. fa. issued upon a judgment foreclosing this mortgage was levied
Judgment reversed.