Ames v. Mercer's Adm'r

Opinion by

Judge Cofer :

That a deed of mortgage purporting to convey the whole estate in land and in which the wife unites as a grantor will, when legally acknowledged by husband and wife and recorded, be a valid waiver of the homestead exemption in land embraced by such conveyance, must now be regarded as conclusively settled in this state. Wing v. Hayden, 10 Bush 276; Robbins v. Cookendorfer, 10 Bush 629; Brame & Wife v. Craig, 12 Bush 404; McGrath v. Berry, 13 Bush 391. The latter case rests upon the ground that Mrs. McGrath did not join in the grant, and therefore it did not purport to-…