Mundy v. Shellaberger

Citations

• 153 F. 219
• 1907 U.S. App. LEXIS 5088

Syllabus

<p>Specific Performance — Homestead—Rights of Wife.</p> <p>Rev. St. Mo. 1899, § 3616 [Ann. St 1906, p. 2034], establishes the homestead of every housekeeper or head of a family, and declares that the husband shall be incapable of selling the homestead, and every such sale shall be void, unless the wife joins in the conveyance. Mold that, where a husband contracted to transfer his homestead and other real estate in exchange for certain corporate stock, in which contract his wife did not •join, and the homestead constituted one-fourth in value of the property agreed to be transferred, the contract was invalid, and specific performance thereof would not be decreed.</p> <p>[Ed. Note.- — For cases in point, see Cent. Dig. vol. 44, Specific Performance, § 33.]</p>