Sharp v. Bailey
Supreme Court of Iowa
Appeal from Polk District Court. Action of right to recover three lots in tbe city of Des Moines, wbicb constituted, at the time of making the trust deed hereinafter named, the homestead of defendant.
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Appeal from Polk District Court. Action of right to recover three lots in tbe city of Des Moines, wbicb constituted, at the time of making the trust deed hereinafter named, the homestead of defendant. Plaintiff’s title is based upon a sale made by the trustee, under a -deed in its material parts as follows: “ For the purpose of securing to Solomon 1. Sharp, the sum of, &c., I, Joseph C. Bailey, of Polk county, Iowa, do hereby sell and convey to, &c., and if the said sums of money, to wit, &c., are not promptly paid, &c., then I hereby authorize, &c. In witness whereof, the said Joseph C.…
1Opinion of the CourtWright, J.
The question made is, whether under this deed of trust there was such a concurrence in, and signing of the instrument by, the wife, as to make it valid to pass the title of the owner to the homestead. The language of the statute is (§ 1247, Code): “ A conveyance by such owner is of no validity, unless the husband and wife (if the owner is married) concur in and sign such conveyance." It will be observed that the wife does not join in the granting part of the deed. The grant is by the husband alone. Her name does not appear even in what is technically termed the uin testimonium ” part of the…
2Cases cited6 opinions
- Grapengether v. FejervarySupreme Court of Iowa · 1859
- Vanzant v. VanzantIllinois Supreme Court · 1860
- Larson v. ReynoldsSupreme Court of Iowa · 1862
- Dorsey v. McFarlandCalifornia Supreme Court · 1857
- Schaffner v. GrutzmacherSupreme Court of Iowa · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Fuller & Co. v. HuntSupreme Court of Iowa · 1878
- Morris v. SargentSupreme Court of Iowa · 1864
- Seiffert & Wiese Lumber Co. v. HartwellSupreme Court of Iowa · 1895
- Gustafson v. FoglemanSupreme Court of Iowa · 1996
- Heaton v. FrybergerSupreme Court of Iowa · 1874
7 more not listed; retrieve them via the Exa API.