166 Wis. 598 | Wis. | 1918
Prior to the amendment of sec. 2203, Stats. 1898, by ch. 45, Laws 1905, the section, as to alienation of homesteads, read:
“No mortgage or other alienation by a married man of his homestead, exempt by law from execution, shall be valid or of any effect as to such homestead without the signature of his wife to the same.”
In Jerdee v. Furbush, 115 Wis. 277, 91 N. W. 661, decided in 1902, it was held, following the logic of Conrad v. Schwamb, 53 Wis. 372, 10 N. W. 395, and Ferguson v. Mason, 60 Wis. 377, 19 N. W. 420, that the husband’s disability extended only to such alienation of the land as interfered with its use as a homestead, and that a deed executed by him alone conveyed an equitable interest entitling the grantee to the legal title when the homestead right ceased. In 1905 the legislature, by ch. 45 of the laws of that year, amended this part of the section to- read:
“No mortgage or other alienation by a married man of his-homestead, exempt by law from execution, or any interest therein, legal or equitable, present or future, by deed or otherwise, without his wife’s consent, evidenced by her act of joining in the deed, mortgage or other conveyance, shall be valid or of any effect whatever.”
By the Gourt. — Judgment reversed, and cause remanded with directions to dismiss the complaint upon the merits.