Page:Federal Reporter, 1st Series, Volume 2.djvu/660

 TOLMAN V. LEATHEBS. 658 �TOLMAN V. LeATHEBS. (Circuit Court, D. lowa. May, 1880.) �HOMKSTBAD — Makbied Woman — Contbact fob Mortqaqb beporb IVlARRiAGB.— A contract for the loan of money upon mortgage seourity will not defeat the wife's right of homestead.under the statute of lowa, upon the subsequent marriage of the mortgagor before the execution of �the mortgage. �In Equity. �Brown e Campbell, for plaintiff. �Harvey e Lehman, for defendant. �Miller, A, J. Leathers, an unmarried man, residing ou and owning a quarter section of land (160 acres) in lowa, made application to Tolman, a citizen of Massachusetts, to borrow of him the sum of 1 1,500, on the security of a mort- gage on said land. The application -was made on the tenth day of September, A. D. 1875, and accepted by Tolman, in writ- ing, on the 18th of the same month. Tolman prepared a mortgage and note to be exeouted by Leathers, and a draft for the money to be delivered to said Leathers, as the bill alleges, upon the due execution of the note and mortgage. �The bill further alleges that on the thirteenth day of October Leathers duly executed and delivered said notes and mort- gage, and acknowledged the latter, and received the draft for the money, �Default being made on the conditions of the mortgage, Tolman foreelosed it by suit in court against Leathers alone, and bought in the land under the decree. After this he learned that Leathers had married pending the negotiations for the loan — that is, after his acceptance of Leathers' proposition, and before the notes, mortgage and draft were delivered, and hefore the mortgage was executed and acknowledged. Tolman had no knowledge of the marriage when he parted with the money, and the wife had no notice of the agreement for the loan and mortgage at the time of the marriage. She asserts a right of homestead in the 40 acres on which the dwelling- îi.ouse stands, and the present bill is brought for the pur- �4* ����