Cropper v. Goodrich

*590The opinion of the court was delivered by

Mason, J.:

A deed to L. W. Goodrich, signed only by Kate A. Cropper, but naming her husband as well as herself as a grantor, was recorded December 22, 1908. On March 1, 1909, Goodrich executed a mortgage on the property to G. C. Miller. On October 11, 1909, Mrs. Cropper (her husband joining) brought an action to cancel the deed and quiet her title against both Goodrich and Miller. She obtained a judgment, from which they appeal.

The petition contained allegations to this effect: The property constituted the family homestead, the title being in Mrs.…