116 Iowa 82 | Iowa | 1902
Plaintiff is the third wife of Aaron Pryne, having been married to him in the year 1860. James
I. It is said to he invalid because the homestead was included, and the wife did not join in its execution. To avoid repetition, we shall dispose of the various issues as we state them. Section 2974, Code, provides that no conveyance of or contract to convey the homestead is valid unless the husband and wife join in the execution of the same joint instrument. But we take it this applies to the homestead only, and does not. affect other real estate that maybe included in the same conveyance; for the same section also provides: “Such contracts may be enforced as to real estate other than the homestead, at the option of the purchaser.” While the attempted conveyance of the homestead was invalid, .the deed was otherwise effective, unless impeachable on one of the other two grounds set up. As sustaining our conclusion, see Hall v. Gottsche, 114 Iowa, 147. We may add here that since the decree below.the grantees in said conveyance have filed a waiver of any claim to the homestead.
II. Another ground of the attack on this conveyance is that it was procured by undue influence. A careful reading of the evidence convinces us that this charge is founded only upon suspicion, arising from the relationship of the parties, the character of the conveyance, and the physical and mental condition of the grantor.
III. We come now to the last charge made, which is that the grantor was mentally incompetent to contract when he executed this instrument. Hpon this issue the