Bruner v. Bateman
Supreme Court of Iowa
Appeal from Audubon Circuit Court. These two appeals involve the same question, and may be determined as one case. The question is whether a certain mortgage, executed by C. P. Bateman to Harrison Bruner, is of any validity. Tlie circuit court held that the mortgage was invalid, and Bruner appeals.
1Opinion of the CourtEotiirook, J.
The defendant Bateman was the owner of a homestead, upon which he, with his wife and family, resided. While in occupancy of the homestead, Bateman executed a mortgage thereon to Harrison Bruner. Bateman’s wife did not join in the mortgage. Afterwards, Bateman and his wife abandoned their homestead, and, after the abandonment, they joined in two mortgages of the property to the defendants Counrardy and Heath, respectively.
It is provided by section 1990 of the Code, in reference to homesteads, that “ a conveyance or incumbrance by the owner is of no validity unless the husband and wife, if the…
2Cases cited2 opinions
- Spafford v. WarrenSupreme Court of Iowa · 1877
- Alexander v. VennumSupreme Court of Iowa · 1883
3Cited by9 opinions
- Pipkin v. WilliamsSupreme Court of Arkansas · 1893
- Whitlock v. GossonNebraska Supreme Court · 1892
- Bushnell v. LoomisSupreme Court of Missouri · 1911
- Seiffert & Wiese Lumber Co. v. HartwellSupreme Court of Iowa · 1895
- Lunt v. NeeleySupreme Court of Iowa · 1885
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