Leonetti v. Tolton

I dissent from the opinion of .Mr. Justice McDonald. The deed claimed to be invalid for want of the wife’s signature was executed by the husband April 18, 1929. At that time his wife was in Italy. She had never been in America, though she intended to join her husband here and did so October 23, 1929, six months and five days after the deed was executed. It is claimed she had a homestead interest in the lands deeded six months and five days before she even saw them, when she was living in Italy, where she had always lived np to that time. She had no homestead interest in the real estate…