| Show PROPERTY OF WIFE DEFINED Failed to Sign Mortgage Executed Executed Executed Exe Exe- on Home By Husband SUPREME COURTS COURT'S DECISION 1 Held 11 Hint flint Instrument Is Valid for lot Foreclosure Subject to Hower nl Rights of ci Wife The supreme court handed down a decision declon yesterday affirming the decision decision de tIe- cislon of or the lower cour court In th li the tho case of or Swen Swenn 0 O. O Nielsen Nielson a against Otto Oto Petersen Peterson defendant and and Ellen Flen Petersen Peter- Peter Petersen Petersen sen intervener anti and Ind appellant The opinion was written by Justice McCarty McCarty Mc- Mc Carty and concurred In b by Chief Justice ing hug Bartch Justice dissent dissent- April Apri 1 I 1901 1301 Petersen Peterson mortgaged tho tine home monte of himself antI and ant Mrs Irs Petersen Petersen Petersen Peter- Peter sen In Fairview county to Nielsen Mrs Petersen aid not sign tho the mortgage mort The Tine question Involved In the ease case was the right night of the tine husband husband hus hus- band to dispose of or 01 encumber the property without the tine wife joining In Inthe Inthe Inthe the d deed or 01 In this S cn case e the amounted to Claimed Homestead IU Right suit stilt tot for foreclosure of o tine the mortgage In the Seventh district distrIct dis this court before Jud Judge e Erickson S Mrs rs Petersen Peterson Inter Intervened ened antI and set seC up upS S the claim of her homestead right and asked that the court declare the tine mortgage null nul and void old because she he had not sl signed n d the mortgage e. e Ericksen Erick Brick sen seit thereupon entered a decree 1 of ot foreclosure in favor of Nielsen subS subject subject sub sub- S however to all nI I legal Cg I rights which tho wife Ie might have o ha in said sid S property Mrs Mis Peterson's Petersons rights S were ere not defined and she thereupon S appealed In writing the opinion Justice McCarty McCarty Mc- Mc S Carty held that as no declaration of home ead had hal been flied ted or recorded by the hU husband or 01 wife as a proS provided pro pro- S vided by hy law lav the tine mort mortgage age was valid vald and could be bo foreclosed and anti tho tIm property property property prop prop- erty sold to satisfy the debt on It It subject however to the contingent I third one-third interest of the tIne wife to which she was wa entitled under the tine law of o succession or 01 dower right should fh she survive her hel husband If I her husband husband hus hus- band should die before sho she did Mrs Petersen's Peterson's Interest would cease I |
