Helkey v. Ashley

Defendant in error was the plaintiff in the trial court and will be so referred to herein. As lessee and optionee under a contract covering 640 acres of land in Saguache county, he brought suit against the lessor-optionor for specific performance, alleging tender of the purchase price and seeking conveyance of the land described in the contract. The wife of the lessor thereupon intervened, claiming a homestead right. After a trial without a jury the court made findings generally for the plaintiff and against the defendant and the intervener, and a decree providing for specific performance…