Legal Opinion

Alley v. Bay

Supreme Court of Iowa

Decided October 31, 1859PublishedCited by 18 opinions

Appeal from Johnson District Court. Bay executed to Alley a mortgage on a lot in Iowa City, in which mortgage his wife did not join. Afterward, in 1856, he, with his wife, executed another to the assignor of Luther Dickey. After this, in 1858, Alley filed his bill to foreclose, making the wife a party, “that she may show cause, if any, why the petitioner should not hare the relief sought.” Bay and wife made no defense, and she showed no cause against the petition.

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Appeal from Johnson District Court. Bay executed to Alley a mortgage on a lot in Iowa City, in which mortgage his wife did not join. Afterward, in 1856, he, with his wife, executed another to the assignor of Luther Dickey. After this, in 1858, Alley filed his bill to foreclose, making the wife a party, “that she may show cause, if any, why the petitioner should not hare the relief sought.” Bay and wife made no defense, and she showed no cause against the petition. Dickey & Morrison filed a motion to be made defendants, and were permitted, when they made answer showing the mortgage made to…

1Opinion of the Court

Woodwakd, J. —

Tbe answer alleges all tbe qualities and circumstances requisite to constitute tbe lot a homestead5 and that Bay and bis family occupies it, and that it is bis homestead. Tbe statute, Code, section 1247, enacts that a conveyance by tbe owner is of no validity unless tbe husband and wife (if tbe owner is a married man) concur in and sign such conveyance. Tbe principal argument against tbe position of tbe respondents, is tbe fact that neither Bay nor bis wife claim or ask for tbe homestead. But section 1254 provides that, in case of tbe failure of both these to select tbe…

2Cases cited1 opinion

  1. Williams v. StarrWisconsin Supreme Court · 1856

3Cited by18 opinions

  1. Pipkin v. WilliamsSupreme Court of Arkansas · 1893
  2. Barton v. DrakeSupreme Court of Minnesota · 1875
  3. Barnett v. MendenhallSupreme Court of Iowa · 1875
  4. Howell, Jewett & Co. v. McCrieSupreme Court of Kansas · 1887
  5. Lamb v. ShaysSupreme Court of Iowa · 1863

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