104 Iowa 253 | Iowa | 1897
I. From the pleadings and evidence the following fact® are established: On and prior to September 25,1877, plaintiff was the wife of Charles M. Sherod, and said parties lived together as husband and wife, in Wayne county, Iowa, on the land in controversy. As the fruit of said marriage, there were born to plaintiff and her said husband three children, who have always lived with the mother. On August 16,1876, said Charles M. Sherod conveyed by warranty deed, to Amos C. Sherod, the land in controversy. Said deed purported to be signed by the plaintiff, but did not purport to be acknowledged by her. In fact, she never signed said deed, nor did she authorize any one to sign it for her. February 8,1877, Amos C. Sherod (unmarried) executed and delivered to C. M. Sherod a warranty deed to said land. Prior to executing said last-mentioned deed, and on January 1, 3877, Amo® C. Sherod (unmarried) executed a note to John M. Ewell for one thousand dollars, due January 1,1882, and secured by a mortgage on the same land. September 25,' 1877, Charles M. Sherod left hi® home, wife, and family, without cause, and has not been heal’d from by the wife or children since August, 1878. In 1879 said John M. Ewell procured a judgment and a decree of foreclosure of his mortgage on the land in controversy, and on March 13,1880, received a sheriff’s deed to the same on a sale had on an execution,