Bode v. Jussen

Plaintiff brought suit in the district court for Richardson county to cancel a mortgage which she had executed, jointly with her husband, upon her separate property. She made the mortgagees and her husband parties; the latter under an allegation that he lias a homestead right in the premises. From a decree dismissing her suit, she appeals.

The mortgage and the note which it was given to secure were both dated April 17, 1906. The note is signed by the husband, E. O. Bode, and his brother, Ernest A. Bode. The mortgage is signed by plaintiff and her husband. The certificate of acknowledgment is…