Edwards v. Jones

E. R.. Edwards owned two adjacent forty-acre tracts of land, wbicb, together, constituted Ms homestead, where he resided with his wife. He executed a timber deed to Fred Jones, conveying “All the merchantable pine and gum timber” on the lands constituting his homestead, for the consideration of $120. The wife did not execute or acknowledge this deed. After the timber had been cut and removed, Edwards and his wife joined in a suit against Jones for the treble value of the timber, upon the theory that the deed was void, inasmuch as Mrs. Edwards had not joined in its execution and acknowledgment.