It is the declared policy of the State to secure every debtor a homestead who has one, although its effect should be to inflict upon the creditor the hardship of losing his debt. And therefore, the sheriff before levying, shall have a homestead valued and laid off; and if the debtor is dissatisfied he may apply to the township trustees, and have a re-valuation and allotment. And the allotment of the trustees may be sot aside upon petition as in other special proceedings “for fraud, complicity or other irregularity. Eat. Eev. chap. 55, secs. 2, 20, 24.
*342Rut after tlie debtor has had his rights passed upon and secured by these liberal provisions, there is no policy which encourages captious or trifling objections, thrown in the way of the creditor’s pursuing his remedies against the excess, over and above the homestead. Such seems to be the character of the objections in this case, and they place the defendant ha the position of appearing to be ungrateful for the favors shown him; insensible to the resulting hardship upon the plaintiff, and disposed to add to it by expensive and vexatious delays.
The defendant’s homestead was laid off by the sheriff. He applied to the trustees for a re-allotment. He withdrew that application. Expressed himself satisfied with the first allotment, and sold his homestead so allotted. He now seeks to stop the creditor’s execution against the excess and have a re-allotment upon the ground that one of the sheriff’s appraisers was the husband of a cousin of the plaintiff’s wife, a fact which was known to defendant at the time, and not objected to; nor is it alleged that there was any “fraud or complicity or other irregularity.”
This objection cannot avail the defendant for three reasons: (1) first, it was not made in apt time to the sheriff; (2) secondly, if not allowed by the sheriff it ought to have been taken advantage of in an application to the township trustees, as provided for in section 20; (3) thirdly, if not allowed by the trustees, then it ought to have been taken advantage of by a “ petition, as in other special proceedings,” under section2é.
There is no error. This will be certified.
Per Curiam. Judgment affirmed.