Smith v. Scherck
Mississippi Supreme Court
Appeal from the Chancery Court of Lincoln County. Hon. H. S. Yan EatoN, Chancellor. On the 6th day of January, 1875,-Pleasant Smith gave to L. Alcus& Co. his promissory note for $250, for a debt due from him to them, and at the same time he and his wife, Nancy Smith, executed to Alcus & Co. a deed of trust with E. H. Thompson as trustee, on certain personal property and the homestead exemption in lands belonging to the husband, to secure the payment of the note.
Read the full summary
Appeal from the Chancery Court of Lincoln County. Hon. H. S. Yan EatoN, Chancellor. On the 6th day of January, 1875,-Pleasant Smith gave to L. Alcus& Co. his promissory note for $250, for a debt due from him to them, and at the same time he and his wife, Nancy Smith, executed to Alcus & Co. a deed of trust with E. H. Thompson as trustee, on certain personal property and the homestead exemption in lands belonging to the husband, to secure the payment of the note. Onthe 13th of March, 1879, a settlement was had between Pleasant Smith and the payees in the note. This settlement was in writing,…
1Opinion of the CourtChalmers, J.
In several of the States it is held, under statutes declaring mortgages of the homestead void unless the wife joins in them, that a renewal of the debt protected by mortgage will not prolong the security except by the renewed assent of the wife ; but this conclusion is based upon the premise that the effect of such statutes is to give the wife a right of prop*495erty, or at least a legal interest in the homestead, though the legal title is in the husband. From such a premise the conclusion is sound. If the wife is by the statute vested ivith any legal or equitable ownership in the homestead, it…
2Cases cited1 opinion
- Billingsley v. NiblettMississippi Supreme Court · 1879
3Cited by11 opinions
- Newton County Bank, Louin Branch Office v. JonesMississippi Supreme Court · 1974
- Roberts v. RobertsNorth Dakota Supreme Court · 1901
- Hansen v. BrannerNorth Dakota Supreme Court · 1925
- Teegarden v. BurtonNebraska Supreme Court · 1901
- McFarlane v. PlantMississippi Supreme Court · 1939
6 more not listed; retrieve them via the Exa API.