f the wife is liable.
But a reaping machine, though used by the husband in the business by
which he supports his family, is not a legitimate item of family
expense, nor can a plow be included therein. The expense of treatment of
a wife at a hospital for the insane, has been held not to be a family
expense. Money borrowed by the husband and used in the purchase of
articles which, if obtained on credit, would constitute items of family
expense, cannot itself form such an item of family expense, that the
wife may be held liable, unless the money was furnished at her request,
and the account assigned to the party furnishing the money. If a
merchant with whom the husband has no account is notified in writing,
not to sell goods to the wife and charge them to him, the merchant
cannot hold the husband responsible, unless it appears that the latter
fails to provide necessaries otherwise for his family. If the family is
supported in whole, or in part, by the wife, she cannot recover back the
money thus expended, from her husband or his estate, as the law places
such duty equally on both.

[Sidenote: Removal from homestead.]

Neither husband nor wife can remove the other, nor their children from
their homestead without his or her consent, and if he abandons her, she
is entitled to the custody of their minor children, unless the district
court, upon application for that purpose, shall, for good cause,
otherwise direct [Sec.3406.]

[Sidenote: Conveyance of property.]

When either the husband or wife is insane, and incapable of executing a
deed, and relinquishing or conveying his or her right to the real
property of the other, the sane person may petition the district court
of the county where such petitioner resides, or of the county where said
real estate is situated, setting forth the facts and praying for an
order authorizing the applicant or some other person to execute a deed
of conveyance and thereby relinquish the interest of either in the real
property of the other [Sec.3407.]

[Sidenote: Proceedings and decree.]

Upon such application the court has power to appoint some person or
attorney guardian of the person alleged to be insane, who shall
ascertain as to the propriety, good faith and necessity of the prayer of
the petitioner, and who shall have power to resist said application. If
the court is satisfied that the petition is made in good faith, and that
the petitioner is the proper person to exercise the power and