Spafford v. Warren
Supreme Court of Iowa
Appeal from Tama District Gov/rt. Action in chancery to set aside a deed for the homestead of plaintiff, executed by her and her husband, and to quiet the title thereof. The relief prayed for in the petition was granted by the decree of the court, from which defendants appeal. The facts of the case are found in the opinion of the court.
1Opinion of the CourtBeck, J.
I. The facts of the case as they are disclosed by the pleadings and testimony are as follows:
1. The plaintiff, with her husband, John B. Spafford, in July, 1872, was in the occupancy of a homestead the title of which was in the husband. It was incumbered by a mortgage *48and delinquent taxes to the amount of about one-fourth its value.
2. At the time the husband, who was a merchant, was largely in debt. He had, before this time, solicited his wife to join in a deed or mortgage of the homestead to relieve him of his financial embarrassments, which she had refused to do.
3. Upon the day named she…
2Cases cited1 opinion
- Stinson v. RichardsonSupreme Court of Iowa · 1876
3Cited by18 opinions
- Epperly v. FergusonSupreme Court of Iowa · 1902
- Seiffert & Wiese Lumber Co. v. HartwellSupreme Court of Iowa · 1895
- Howell, Jewett & Co. v. McCrieSupreme Court of Kansas · 1887
- People's State Bank v. SmithNebraska Supreme Court · 1930
- Rankin v. TaylorSupreme Court of Iowa · 1927
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