Milligan

Plaintiff instituted this action upon a contract for the direct payment of money and procured a writ of attachment to be issued, and the sheriff levied the same upon the real property of the defendants, which was at the time of the levy subject to a valid homestead. The defendants, after said levy gave notice to plaintiff of a motion for *730 an order releasing the lien of the attachment and discharging said levy. This matter came on regularly to be heard, and was granted by the court. The plaintiff has appealed from said order.

Section 1 of article XVII of the Constitution provides that, “the legislature shall protect, by law, from forced sale a certain portion of the homestead and other property of all heads of families.” Section 1240 of the Civil Code provides that, “The homestead is exempt from execution of forced sale, except as in this title provided.”

Section 1241 of the same code enumerates the exceptions to the foregoing code section, none of which applies to the present proceeding.

Sections 1245 to 1259 of the Civil Code provide for the procedure for the levy of an execution upon a homestead exceeding in value the amount of the homestead exemption which is the sum of…