Bigelow Et Ux. v. Dunphe

According to the briefs, the point to be borne in mind, as we examine the facts and the applicable principles of law, is the validity of a mortgage executed by a free dealer, without her husband joining, encumbering property standing in her name and occupied by' the woman, her husband and her children. In stating the question appellants refer to the mortgagor as the head of the family and to the property as a homestead while appellee gives her no such designation and describes the land as “separate property * * * used at the time as the home.”

To answer the respective parties we must determine…