43 Iowa 376 | Iowa | 1876
To render the homestead liable to be sold on execution, it is not necessary that it should be conveyed by mortgage or otherwise. It is only necessary that the debt should be created by a written contract executed by the persons having the power to convey the homestead, and that such persons should expressly stipulate that the homestead is liable therefor. Such is the fair construction of the statute, and we do not see that homestead rights would be rendered more secure if we should hold that the homestead can be incumbered only by conveyance.
II.' The record shows that the defendants were duly notified of the sale. They took no steps to enjoin it on the ground that they had other property which had not been exhausted, nor does it appear that they notified the sheriff or judgment creditor that they had other property. So far as the record shows they made no objection to the sale. The property selling for more than was necessary to pay the judgment the defendant, Francis Cooper, received the balance.
That she could not read or write and that she was ignorant
Reversed.