In re Estate of Ogburn

This is an appeal by heirs at law of the deceased from an order granting the petition of H. U. Ogburn, her surviving husband, that certain property be set apart to petitioner as a homestead, and from an order denying a new trial. Two points only áre made by appellants which need to be noticed.

1. It is contended that the declaration of homestead offered in evidence was void, because it describes no property. This contention cannot be maintained. The declaration stated that the family then resided upon the lot and premises sought to be erected into a homestead; and this statement, together with the description which followed, clearly enough designated the premises intended to be claimed as such homestead. This was sufficient.

2. It is contended that the premises did not constitute a homestead, because they were partly occupied for business purposes.

Shortly after the marriage of petitioner and deceased, and when they were without means, his father, in 1866, bought a lot for them in Woodland for one hundred *98 and seventy dollars, which money they afterwards repaid. The lot was thirty-seven feet wide, and one hundred and ninety feet deep, fronting on Main street. They borrowed…