De Wolf v. Bailey
SAMUEL J. DE WOLF v. ORRIN BAILEY, and ANNIE F. BAILEY (Wife)
- Area
- civil
- Panel
- Mubbay (author), Lawrence F. Terry
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Mubbay
MUBBAY, C. J.
— The errors assigned by the appellant are not supported by the record. The question of homestead was never raised in the court below. The court properly admitted the note and mortgage in evidence. The mortgage would have been equally valid if it had not been signed by the wife, and the note was admissible as evidence of the debt of the husband. The decree does not cut off the right of redemption from the purchaser, under the provisions of the statute.
Judgment affirmed with costs and ten per cent damages.
I concur: Terry, J.