81 Iowa 682 | Iowa | 1891
The facts pertaining to the claims-of the respective parties to the land, so far as they-
The statute relating to the alienation of homesteads provides, that “a conveyance or incumbrance by the owner is of no validity unless the husband and wife, if the owner is married, concur in and sign the same joint instrument.” Appellee claims that the quitclaim deed executed to him by Elizabeth Breckenridge and her husband is the only valid conveyance or disposition-they have made of the land, because it was their homestead, and they united in and signed the same joint instrument. It does not appear from the record before us, from whence Breckenridge and his wife came, nor whither they went after they surrendered possession of the land. The only evidence that the land was a homestead consists in the fact that they resided thereon for about ten months. No homestead plat was made and recorded as provided by law. Whether, after Breckenridge returned to the state, a homestead was acquired elsewhere does not appear. The plaintiff purchased the land from the Umphreys upon what appears to have been a full consideration, took possession from them, and held it for more than three years before the defendant claims to have acquired any interest therein, and his interest was acquired with full notice of the plaintiff’s possession, which implied notice of all the rights acquired by his purchase from the Umphreys. If the-defendant had made inquiry of the party in possession,
The homestead law is a wise provision for the benefit of the family. It ought not to be used as an aid to speculative ventures in the nature of attacks upon defective titles. In nearly every case in which this court has been called upon to determine homestead rights, the claim of homestead has been presented by the party entitled to enjoy the benefits of a home upon the land in controversy. It must be conceded that the occupancy of the land was sufficient to impress it with the homestead character, and that Elizabeth Breekenridge or her husband could have held forty acres of it as a homestead as against all claims but purchase money and previous debts contracted by her. But the facts show that they made no claim to hold the land as a homestead. The husband absconded before the deed was made by his wife to the Umplireys; and the conveyance by her, and her abandonment of the premises as a home, were parts of the same transaction. It was not a case of a subsequent abandonment, as in Bruner v. Bateman, 66 Iowa. 488. The conveyance and abandonment were simultaneous acts. That the husband had abandoned any claims of homestead is made manifest by the fact that upon his return he made no claim to the land as a homestead, but, on the contrary, made a quitclaim deed to the plaintiff’s grantor.
The claim of the defendant appears to us to amount to this: That he can lawfully assert the homestead right in all of the eighty-acre farm, notwithstanding the fact that the only parties who could have asserted that right did not at any time make any claim of homestead to the forty acres which they might have held as a homestead. We have not thought it necessary to review the numerous decisions of this court in determining the
In the case of Lunt v. Neeley, 67 Iowa, 97, the wife of the plaintiff held a contract or title bond for a conveyance of a homestead. The plaintiff left the state, and went to Colorado, with the purpose of establishing himself in business and removing his family to that state. He left his wife and children in possession of the homestead. After he left this state, his wife sold her interest in the property, and assigned the title bond to one Payne. The husband did not concur in and sign the assignment. Payne paid the balance of the purchase money, and then conveyed the property to one Warren. The wife of the plaintiff continued to occupy the homestead with her family for some two months after she sold it, when she yielded possession to Payne, and removed to Colorado, and joined her husband. Afterwards the plaintiff and family returned to this state, took up their residence in another dwelling-house near the homestead, and soon thereafter the wife of the plaintiff died, and plaintiff brought an action to quiet his title to the property, claiming that it
The decree of the district court is be versed.