62 So. 801 | Ala. | 1913
— In the year 1906 J. W. Reid sold to S. J. Toney a tract of land containing about 65 acres.
It is insisted that the decree is affected with error for that the transfer of the bond for title by Toney to Allen was and is void, because the wife of Toney did not join in the alienation as required by law with respect to the homestead of a resident of this state. Under the circumstances indicated, it may be that the transmission of the rights of the vendee, who has so impressed the premises with a homestead character, to be wholly effectual', must be joined by his wife, with all the formality usual in conveying a homestead held in fee. See 21 Cyc. pp. 534, 535; 16 Am. & Eng. Ency. Law, pp. 668, 669; Watts v. Gordon, 65 Ala. 546; contra, perhaps, see Cochran & Ramsey v. Adler, 121 Ala. 442, 445, 25 South. 761, particularly last paragraph. However, it is entirely unnecessary, in this instance, to enter upon the consideration of that inquiry.
The vendor, Eied, was and is a stranger to any homestead right or interest Toney and his wife had in the premises. Only the husband and wife, in whose inter
General' creditors — creditors without a valid lien on the subject of the homestead right — cannot question the irregularity of the conveyance thereof that arises by reason of the failure of the wife to join in the conveyance. — Author. supra.
A conveyance of the subject of the homestead right by the husband alone is voidable — not absolutely void— at the instance of one with right to have such a conveyance pronounced void.
The appellant cannot invoke judicial powers in the premises, since he is a stranger to the right he would indicate, a right which those in whose favor it existed have not seen proper to ascertain or claim in this instance.
It is objected, but without demurrer to point the objection, that the surviving widow of H. C. Allen, deceased, in whose name, along with the heirs at law, the cause was revived, was improperly joined as a complainant. If otherwise tenable, the objection was waived by failure to seasonably raise it.
The decree is affirmed.
Affirmed.