Belieu

This appeal involves the single question whether a judgment lien, attaches to the equitable interest in real property acquired by a vendee under an ordinary contract to purchase the property—the vendee having paid a portion of the purchase price and entered into possession. A statement in chronological order of the facts upon which the controversy depends will aid in its solution. They are:

(a) On March 29, 1916, a money judgment was regularly docketed against the property of the respondent, Belieu.

(b) On December 21, 1918, the respondent entered into a contract with the owner to purchase the real property in question. He at once entered into possession and paid one-half the agreed purchase price.

(c) On April 2, 1919, the respondent filed a declaration of homestead in all respects sufficient in form to effect a valid dedication of the premises as a homestead.

(d) On May 15, 1919, the respondent paid the remaining one-half of the purchase price and received a deed of conveyance in satisfaction of the terms of his contract of purchase.

(e) On October 4, 1919, the appellants caused a writ of execution to be levied upon the property thus dedicated as a homestead and were about…