Viser v. Scruggs
Mississippi Supreme Court
Appeal from the chancery court of Alcorn county. Hon. A. E. REYNOLDS, Chancellor. Appellee, complainant, filed her bill in the court below to restrain John H. Yiser, and the other defendants, trustees, from selling, as her property, a certain leasehold estate, under an alleged deed of trust, named in the bill, under which, sale of the premises was advertised, to secure tbe payment of certain notes, which together with the deed of trust was not enforcible against her, because…
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Appeal from the chancery court of Alcorn county. Hon. A. E. REYNOLDS, Chancellor. Appellee, complainant, filed her bill in the court below to restrain John H. Yiser, and the other defendants, trustees, from selling, as her property, a certain leasehold estate, under an alleged deed of trust, named in the bill, under which, sale of the premises was advertised, to secure tbe payment of certain notes, which together with the deed of trust was not enforcible against her, because executed by her during coverture, and because the deed was never properly acknowledged. Yiser filed an answer and…
1Opinion of the CourtSimeall, J.
The liability of a married woman for her contracts has been presented in such various forms, and has been so often discussed and adjudicated by the courts, that it might have been supposed that principles had been established which would be of easy application to any complication of circumstances. It is not now controverted that the various statutes respecting a married woman’s separate property, and her power of disposing of, and binding it and herself, by contracts., are enabling ; in' derogation of the rights of the husband as at common law, and confer upon her legal capacity which she did…
2Cases cited2 opinions
- Dibrell v. CarlisleMississippi Supreme Court · 1873
- Porterfield v. ButlerMississippi Supreme Court · 1872
3Cited by6 opinions
- McDuff v. BeauchampMississippi Supreme Court · 1874
- Scruggs v. Memphis & Charleston RailroadSupreme Court of the United States · 1883
- Stokes v. ShannonMississippi Supreme Court · 1878
- Gilkey v. Pollock Co.Supreme Court of Alabama · 1886
- Reed v. ColemanMississippi Supreme Court · 1876
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