Summary

Robert Moody Son v. Century Savings Bank…

We therefore come to the provision in § 2976 that the homestead, even where validly mortgaged, may be sold 'only for a deficiency remaining after exhausting all other property' covered by the same mortgage. Whether only the mortgagors may claim the benefit of this provision, and they only while they retain the homestead, is the real point in dispute. Moody & Son insist that it merely confers on the mortgagors a personal privilege which they may exercise or waive, as they choose
Source: Wikisource

Robert Moody Son v. Century Savings Bank…

If it is a controversy arising in bankruptcy proceedings, the jurisdiction of that court was properly invoked, as is also that of this court. We entertain no doubt that it is such a controversy. It has every attribute of a suit in equity for the marshaling of assets, the sale of the encumbered property, and the application of the proceeds to the liens in the order and mode ultimately fixed by the decree.
Source: Wikisource

Robert Moody Son v. Century Savings Bank…

The owner may, from time to time, change the limits of the homestead by changing the metes and bounds, as well as the record of the plat and description, or vacate it, but such changes shall not prejudice conveyances or liens made or created previously thereto, and no such change of the entire homestead, made without the concurrence of the husband or wife, shall affect his or her rights, or those of the children.
Source: Wikisource

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