O'Brien v. Young
Supreme Court of Iowa
Appeal from Scott District Court. In Equity. On the 22d day of June, 1858, the com-; plainants executed a deed of trust, conveying the premises in controversy to H. B. Matthews, to secure the payment of two certain promissory notes executed on the same day to Samuel 0. Young.
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Appeal from Scott District Court. In Equity. On the 22d day of June, 1858, the com-; plainants executed a deed of trust, conveying the premises in controversy to H. B. Matthews, to secure the payment of two certain promissory notes executed on the same day to Samuel 0. Young. The premises, at the time of the execution of the deed of trust, were occupied by the complainants as their homestead, but were not described in said deed as a homestead. • In the execution of the trust the property was sold by the trustee to Young. In an action at law for the possession, a judgment was rendered for…
1Opinion of the CourtBaldwin, C. J.
The only question presented in this case is, whether a deed of trust upon the homestead by the *6husband and wife passes the interest of the wife therein to the trustee, unless, it is expressly stipulated that the homestead is intended to be conveyed. It is the same question-: raised and determined in the case of Babcock et ux. v. Hoey, 11 Iowa, 375. It is claimed, however, in argument, that as one of the members of the court assented to the affirmance of the judgment in that case, but did not concur in the reasoning of the opinion announcing the decision of the court, that it may have been…
2Cases cited1 opinion
- Babcock v. HoeySupreme Court of Iowa · 1860
3Cited by3 opinions
- Thayer v. ShermanSupreme Court of Iowa · 1934
- Perley v. WoodburySupreme Court of New Hampshire · 1911
- Van Sickles v. TownSupreme Court of Iowa · 1880