Hall v. Gottsche
Supreme Court of Iowa
Appeal from Clinton District Court. — Hon. A. J. House, J udge. Action for specific performance of contract to convey real estate, and for damages for breach thereof.
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Appeal from Clinton District Court. — Hon. A. J. House, J udge. Action for specific performance of contract to convey real estate, and for damages for breach thereof. Defendants, who are husband and wife, deny the execution of the contract, and allege that the premises claimed by plaintiff constitute a part of defendants’ homestead, and that, if there was any contract by the wife to convey the same, it was void because not in writing and not executed by the husband jointly with the wife. Decree for defendants. Plaintiff appeals.
1Opinion of the CourtMcClain, J.
Plaintiff relies on a contract to convey a small tract of land, consisting of the rear end of two *148city lots, which were at the time occupied by the defendants as a homestead, and which together exceeded in extent and value the limits of the homestead which may be held in a city. It does not appear whether the decree of the trial court against plaintiff was because of the insufficiency of the evidence to establish the contract, or for the reason that the contract was in violation of the statutory provision as to conveyance of the homestead. As to the evidence, which, on the part of plaintiff,…
2Cases cited3 opinions
- Allbright v. HannahSupreme Court of Iowa · 1897
- Grover v. YounieSupreme Court of Iowa · 1900
- Dorothy v. HicksSupreme Court of Iowa · 1884
3Cited by6 opinions
- Townsend v. BlanchardSupreme Court of Iowa · 1902
- Frase v. BranchDistrict Court of Appeal of Florida · 1978
- Delisha v. Minneapolis, St. Paul, Rochester & Dubuque Electric Traction Co.Supreme Court of Minnesota · 1910
- Luttschwager v. FankSupreme Court of Iowa · 1911
- Biglane v. RawlesMississippi Supreme Court · 1963
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