Whitlock v. Gosson
Nebraska Supreme Court
Appeal from the district court for Madison county. Heard below before Powers, J. Mortgages or conveyances of the homestead without the signature and acknowledgment of both husband and wife are void. {Swift v. Dewey, 20 Neb., 107; Larson v. Butts, 22 Id., 370; Betts v. Sims, 25 Id., 166; Aultman v. Jenkins, 19 Id., 209; MaCreery v.Schaffer, 26 Id., 173; Stinson v. Richardson, 44 la., 375; Howell v. M’ Crie, 14 Pac.
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Appeal from the district court for Madison county. Heard below before Powers, J. Mortgages or conveyances of the homestead without the signature and acknowledgment of both husband and wife are void. {Swift v. Dewey, 20 Neb., 107; Larson v. Butts, 22 Id., 370; Betts v. Sims, 25 Id., 166; Aultman v. Jenkins, 19 Id., 209; MaCreery v.Schaffer, 26 Id., 173; Stinson v. Richardson, 44 la., 375; Howell v. M’ Crie, 14 Pac. Rep. [Kan.], 260.) A deed or mortgage male in violation of statute, or with reference to a prohibited transaction, is void and will not work an estoppel. {Mason v. Mason, 140 Mass.,…
1Opinion of the CourtPost, J.
There is in this case one question which, according to our conclusion, is decisive of the controversy, viz., the effect of a mortgage by a husband, the head of a family, upon the homestead in this state, having at the time an, insane wife in' another state. From the pleadings and proofs it appears that the defendant William Gosson, with his three children, removed from Illinois to this state in the year 1879, and has ever since resided upon and occupied the premises in controversy as a homestead, his family in this state consisting of his three children, whose ages do not appear, and a…
2Cases cited14 opinions
- Morris v. WardSupreme Court of Kansas · 1869
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- Barton v. DrakeSupreme Court of Minnesota · 1875
- Green v. MarksIllinois Supreme Court · 1860
- Sherrid v. SouthwickMichigan Supreme Court · 1880
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3Cited by33 opinions
- Teske v. DittbernerNebraska Supreme Court · 1903
- Bushnell v. LoomisSupreme Court of Missouri · 1911
- Giles v. MillerNebraska Supreme Court · 1893
- Palmer v. SawyerNebraska Supreme Court · 1905
- Alton Mercantile Co. v. SpindelSupreme Court of Oklahoma · 1914
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