Real actions to recover land set off to the plaintiffs on executions against the defendant’s wife, amounting to some $300. Facts found by the court. In February, 1885, the wife was the owner of one half of the homestead place then and ever since occupied by her husband and herself, and, being desirous of going into trade with one Holt, she agreed with the defendant that if he would furnish her $500 for this purpose she would convey to him her half of the homestead premises.
Decided 1888-12-05
Clark, J.
¶1
The deed of August 10, 1885, was made in pursuance of a previous agreement, which had been fully performed on the part of the defendant. The defendant was a
bona fide
purchaser. The fact is found that the conveyance was made in good faith, upon a valuable consideration, and with no notice of the existence of any creditors of the grantor. Such a sale is valid against everybody.