Glas

This action is prosecuted to foreclose a mortgage executed by the defendant to plaintiff.

The plaintiff had judgment, and this appeal is from the judgment and from an order denying defendant’s motion for a new trial.

After the execution of the note and mortgage, the defendant filed a declaration of homestead upon the mortgaged premises, and appellant’s principal contention is that the plaintiff, who is the wife of the defendant, cannot foreclose the mortgage because of the-declaration of homestead so filed by the husband.

1. This contention can be best stated in the pathetic-language of his brief: “ Can respondent, by aid of the judicial arm, invade the home and fireside, destroy the homestead and the sanctum of virtue and truth, in an action by her against her husband to foreclose a mortgage, when the husband has no other suitable place of abode? Can the homestead be abandoned in this manner? Will equity permit the wife to destroy the home provided for her by her husband, and destroy his means, of support and cast him out to the world in his dotage,, simply to satisfy her avariciousness, or a demand for her pound of flesh ? ”

Terrible as the consequences may appear to be, we…