Horseth v. Fuglesteen

Action to cancel as a cloud on his title a contract of sale made by, the plaintiff Samuel H. Horseth to the defendant Fuglesteen of á quarter section of land, one 80 of which was the homestead of Hor-seth and his wife, the plaintiff Lena Horseth. There was judgment for the plaintiffs and the defendant appeals.

The wife did not join in the contract of sale. It was void as to the homestead. G. S. 1923, § 8340. The defendant asked in his answer for specific performance of the contract for a conveyance of the whole quarter, and, if this was not granted, for a conveyance of the unexempt 80 on the…