24 S.D. 563 | S.D. | 1910
This action was brought to quiet the title to a certain tract of land in Hughes county. It appears that the plaintiffs were, at the time this action was brought, and had been at all times hereinafter mentioned, husband and wife. The husband in 1890 filed a homestead claim upon the land in question, under the general homestead laws of the United States. He made final proof in March, 1895, receiving the final . receiver’s receipt, which showed that the land was taken as a homestead. Patent issued to him in 1902. In October, 1895, the husband, by warranty deed, conveyed his title to this land to his wife. Over Mefendants’s objection it was shown that this deed was without consideration, was executed without the wife’s knowledge, and that it was given solely to protect the wife in case of the husband’s .death. In 1892 the plaintiffs executed a note secured by a mortgage on another piece of real estate. This mortgage was foreclosed in 1895,. and on special execution the land mortgaged was sold, and deficiency reported by sheriff. In 1897 the judgment creditor caused general execution to issue, and same was levied on the land in suit as the property of plaintiff’s; nothing connected with the levy or return thereon showing that the property was levied on as the separate property of either plaintiff. This land was sold under such execution, and afterwards sheriff’s deed issued, and through a chain of convey
The respondents claim that no title passed by the purported sheriff’s sale, for the reason that the land could not be sold for the debt contracted before the patent issued. Further, they claim that the evidence sustains the court’s findings to the effect that this land, at time of such sale, was the homestead of respondents under the state law, and, further, they claim that, for certain reasons alleged, the execution was invalid, and the proceedings thereunder irregular, thus rendering the sale void. The learned trial court held with respondents on the above propositions; and, if its holding was correct on the first proposition, it is conclusive of the right's of the parties herein, and renders it un necessary -to' consider any assignments based on evidence or ruling pertaining to any other feature of the case.
Stated briefly, the proposition before us is this: Where a homestead entryman, after final proof, but before patent issues, conveys the homestead land -to his wife, does such land become subject to lien of judgment against her, where such judgment was rendered upon a joint indebtedness of husband and wife, contracted long prior to final proof? It will be noticed.that the above query leaves out all reference to the transfer being tnerely colorable, and is founded on facts undisputed herein. So far as we have been able to discover, thi's exact proposition has never been before the courts; but it would nevertheless seem to us that certain other matters have been fully settled by adjudications of this and other courts' that must determine the above question in favor of respondents. It must be remembered that as the basis of this discussion we ‘have the United States homestead laws and the reasons for their enactment. It has been held by a long line of decisions that the matters of disposing of the public lands, as to when, for how long, and for what debts they shall pass exempt to the government’s grantee, are matters entirely beyond the power of state legislation to control.
It is also- well established under the authorities that the conditions above referred to follow the land, even if the claimant wholly abandons it as a homestead, after final proof. These federal statutes thus established much more -than an exemption law in favor of the land merely as a homestead. But, considering the homestead feature of the federal laws, we must recognize that these laws are for the benefit of the home, of the family taken as a whole, and should be as liberally construed as a state homestead law, so that the evident purpose of the laws may be effected that -the family may all be protected -thereby. That this law, taken as a whole, is intended for the benefit and' protection
Appellant contends that she was an innocent purchaser without notice. There is no possible foundation for such claim, as the records advised her of every fact upon which we have based our discussion. It was also contended that respondents were guilty of laches, but the facts shown show no inexcusable delay whatever. /
The judgment of the trial court and the order denying a new trial are affirmed.