Hewett v. McGaster

SIMPSON, Justice.

This is an appeal from a final decree of the Mobile Circuit Court in Equity, declaring a mortgage and foreclosure deed void. It appears from the pleading and decree that the ruling was rested on the conclusion that the mortgage was given on the homestead of the appellee without signature and assent of his wife, as required by our constitution and statute. The appeal challenges this ruling.

Appellee married Carrie McGaster in 1937 and purchased the subject property in 1944 as a homestead which was occupied by them until 1947, when Carrie McGaster moved away. The deed was made…