37 Iowa 517 | Iowa | 1873
With the admission in the answer that the property conveyed to Spittler, in consideration for the land conveyed to the appellant, was owned by her husband, George Figgins, it is
If the property conveyed to Spittler was the homestead of the defendants, it was, even in George Figgins’ name, not liable to be taken to satisfy the judgment of the plaintiff, so far as appears on this record. A conveyance of the homestead by the husband alone would have been of no validity. Alley v. Bay, 9 Iowa, 509. It was the homestead of the wife as much as that of the husband, although the legal title thereto was in him, and the relinquishment of her homestead right, by joining in the execution of the conveyance thereof, was a good and valuable consideration, which, in the absence of fraud, was sufficient to support the conveyance to her of the land in controversy, at least to the extent in value of the homestead right. There is nothing in the case to show that the land exceeds the value of that right.
The appellant is entitled, on the case as submitted, to a decree dismissing plaintiff’s petition on the merits, and for costs, which is directed to be rendered in the court below, or, if appellant so elects, such decree will be entered here.
Reversed.