Townsend v. Blanchard

Deemer, J. —

1 *412 *423 *37The land which it is claimed defendant Blanchard contracted to sell to plaintiff consisted of 140 acres, 40 acres of which, said defendant was entitled to select as a homestead. Blanchard’s wife did not sign the contract, and the homestead was never selected and platted as authorized by law. Plaintiff tendered the purchase price and demanded a deed, but the Blanchards refused to convey. Just prior to the bringing of this suit, Mr. and Mrs. Blanchard conveyed the entire tract to their co-defendant, H. B. Royster, but before the deed was recorded plaintiff commenced this action…