Way v. Scott

1. mortgage of homestead void when:' purchaser. The title under which the plaintiff claimed the right to the possession of the premises in controversy was derived from a sheriff’s deed which followed a salé under a special execution. The mort- ......... .. . i i gage on which the ludgment was rendered against the premises alone was executed by John Scott, the father of these defendants, without the joinder therein of his wife, Ann Scott, and covered nothing but the homestead of the said John and Ann Scott. That such a mortgage is void is well settled. Yost v. Devault, 9 Iowa, 60; Larson v.…