Yost v. Devault
Supreme Court of Iowa
Appeal from the Polio District Court. Bill in chancery, seeking to enforce specific performance of a contract for the conveyance of real estate. Despondent in bar of plaintiff’s right to recover, sets up the following, among other defences.
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Appeal from the Polio District Court. Bill in chancery, seeking to enforce specific performance of a contract for the conveyance of real estate. Despondent in bar of plaintiff’s right to recover, sets up the following, among other defences. He “ avers and alleges, that is impossible for him to convey the premises described in plaintiff’s petition, because the said premises are held by him (he being the head of a family, and having a wife living), as a homestead; that his wife refuses to execute a deed to the premises aforesaid; and that defendant now claims the same as a homestead; that the…
1Opinion of the CourtWeight, C. J.
The order dismissing the suit was clearly erroneous. The replication denied the matters contained in the plea, and an issue of fact was thus formed which should have been heard. But we also think that the court erred in overruling the demurrer. The Code provides that a conveyance of the homestead, is of no validity unless the husband and wife concur in, and sign the same, and this homestead is required to embrace the house used as a home. Secs. 1247, 1250. Assuming for the purpose of this case, that a bond by the husband, for the conveyance of the homestead, upon certain conditions, could not…
2Cited by2 opinions
- Davis, Moody & Co. v. KelleySupreme Court of Iowa · 1863
- Minor v. Interstate Gravel Co.Mississippi Supreme Court · 1922