Bailey, Wood & Co. v. Landingham
Supreme Court of Iowa
Appeal from Harrison District Court. Action to foreclose a mortgage executed by the defendant Tilman Landingham, and purporting to be executed by his wife, the defendant Lydia Landingham. The mortgage covers two forty acre tracts, oue of which constitutes the defendants’ homestead. The defense pertains only to the forty acres which constitutes the homestead, and is based upon the alleged ground that Mrs. Landingham never signed or acknowledged the mortgage.
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Appeal from Harrison District Court. Action to foreclose a mortgage executed by the defendant Tilman Landingham, and purporting to be executed by his wife, the defendant Lydia Landingham. The mortgage covers two forty acre tracts, oue of which constitutes the defendants’ homestead. The defense pertains only to the forty acres which constitutes the homestead, and is based upon the alleged ground that Mrs. Landingham never signed or acknowledged the mortgage. There was a decree for the defendants in respect to the homestead. The plaintiffs appeal.
1Opinion of the Court
Adams, Ch. J.
Unless Mrs. Landingham joined in the mortgage it is void so far as the homestead forty is concerned. Code, § 1990. Upon the question as to whether she joined or not our minds are not entirely free from doubt. The evidence is very conflicting. Mrs. Landingham is unable to write. The mortgage does not purport to bear her name as subscribed by herself. On the other hand it purports to be executed upon her part by the making of her mark. The undisputed evidence shows that her name was written by one Henrietta Poe, by the direction of the mortgagee, one George Poe. This was done in…
2Cases cited2 opinions
- Ashcraft v. De ArmondSupreme Court of Iowa · 1876
- Morris v. SargentSupreme Court of Iowa · 1864
3Cited by12 opinions
- Gribben v. ClementSupreme Court of Iowa · 1909
- Currier v. ClarkSupreme Court of Iowa · 1910
- Northwestern Mutual Life Insurance v. BlohmSupreme Court of Iowa · 1931
- Phillips v. BishopNebraska Supreme Court · 1892
- Farmer v. Ames-Farmer Canning Co.Supreme Court of Iowa · 1920
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