Jerdee v. Furbush
Wisconsin Supreme Court
Appeal from an order of the circuit court for Polk county: A. T. YiNje, Circuit Judge. Action for specific performance. The complaint, by appropriate allegations, »set forth the following: Daniel E. Smith, a married man living separate and apart from his wife, and the owner of a homestead in this state upon which he resided, in 1892, for a valuable consideration, in form by warranty deed, conveyed such homestead to Henry B. Dike and plaintiff.
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Appeal from an order of the circuit court for Polk county: A. T. YiNje, Circuit Judge. Action for specific performance. The complaint, by appropriate allegations, »set forth the following: Daniel E. Smith, a married man living separate and apart from his wife, and the owner of a homestead in this state upon which he resided, in 1892, for a valuable consideration, in form by warranty deed, conveyed such homestead to Henry B. Dike and plaintiff. Smith’s wife refused to join in the deed. .Subsequently they died, he surviving her about two years. Before the commencement of this action Dike…
1Opinion of the CourtMahshall, J.
The question presented here may properly be stated thus: Does see. 2203, Stats. 1898, in terms providing that no mortgage or other alienation by a married man of his homestead, exempt by law from execution, shall be valid or of any effect as to such homestead without the signature of *279his wife, deal merely with, the homestead as a privilege, right, or interest in land, enabling the persons whom the statute was designed to protect to- enjoy the property as a home, leaving the husband free to deal with it in any way he may sée fit not inconsistent with the homestead right ? We cannot at this…
2Cases cited19 opinions
- Case v. HoffmanWisconsin Supreme Court · 1898
- Pipkin v. WilliamsSupreme Court of Arkansas · 1893
- Barton v. DrakeSupreme Court of Minnesota · 1875
- Weitzner v. ThingstadSupreme Court of Minnesota · 1893
- Ferguson v. MasonWisconsin Supreme Court · 1884
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3Cited by10 opinions
- Teske v. DittbernerNebraska Supreme Court · 1903
- Rosenthal v. PleckWisconsin Supreme Court · 1918
- Lewis v. LewisSupreme Court of Alabama · 1917
- Sims v. GunterSupreme Court of Alabama · 1918
- Justice v. SouderNorth Dakota Supreme Court · 1910
5 more not listed; retrieve them via the Exa API.