Leonard v. Whitman

LAWSON, Justice.

This is an appeal from a decree of the-circuit court of Jefferson County, in equity, overruling a demurrer to a bill filed by appellees against appellant and one MonnieMae Whitman.

There is only one question here presented, namely, may a wife, who did not sign and who did not separately acknowledge mortgages executed by her husband on homestead property without her knowledge, maintain a bill in equity after her husband’s death to have the homestead property set aside to her and to cancel the mortgages executed by her husband thereon, without offering to do equity and restore to…