21 Iowa 92 | Iowa | 1866
The point made by the counsel is, that, as the husband and wife did not concur in and sign one or the same conveyance, the homestead title did not pass, and- that the deeds or equitable mortgages under which plaintiff claims were of no validity under the statute. The question is not free from difficulty. The interests involved therein to property of untold value in the State are too great to justify its determination until it properly and necessarily arises. As at present advised, this court might not be united in its .solution, and, as this case can property be disposed of upon other grounds,’ we prefer to leave it open for future consideration.
If the heirs are not complaining of the invalidity -of the. deeds referred to, we are not disposed to declare them invalid (even if the world be at their suit) upon the complaint of one, who voluntarily and for a fraudulent purpose interested himself in the property. 2 Story’s Eq., 1502, et seq., notes and authorities cited.
The decree below will, therefore, be affirmed, the court below being directed to make an order at its next regular term, extending the time for redemption to the widow and heirs for ninety days from, the first day thereof, and such allowance for the services of the guardian ad litem, as may be just and equitable in this and that court. - In all other respects the said decree to stand undisturbed, the appellant, Drake, to pay the costs of this appeal.
Affirmed.