Gee v. Moore

*473The decision of this case involves a consideration of the effect of the covenant of non-claim contained in the conveyance of the plaintiff to Elmore, under whom the defendant holds a portion of the premises in controversy, and the nature of the estate of the husband in the homestead and the restraints upon its alienation. The premises were purchased by the plaintiff in 1852, and were occupied by himself and wife as a homestead at the date of his conveyance to Elmore, in March, 1853. The consideration of the conveyance was fifteen hundred dollars—the full value of the premises at the time. The…