Dyke

— The plaintiffs are husband and wife, and own a tract of land in Orange County, upon which they reside, and which they claim as a homestead.

On October 30, 1888, the defendant Bank of Orange obtained a judgment against F. M. Dyke and others for the sum of $394.82 debt, and $34.40 costs. On July 8, 1890, an execution was issued on this judgment, and placed in the hands of the defendant Harris, who, as sheriff, on July 9, 1890, levied the same on a part of plaintiffs’ homestead, and advertised it for sale.

*399 This action was brought to enjoin the sale. The plaintiffs prevailed, and the defendants bring this appeal from the final decree upon the judgment roll, including a bill of exceptions.

The plaintiffs’ declaration of homestead was recorded on the twelfth day of August, 1889, more than nine months after the rendition of the judgment against F. M. Dyke, on which the execution was issued; and the only material question presented for decision is, Was the judgment properly docketed so as to become a lien on plaintiffs’ land before the recording of this homestead?

There is no question that the judgment was properly docketed on October 31, 1888, in all respects, except as to the…