Cummings v. Busby
Mississippi Supreme Court
Appeal from the Circuit Court of Itawamba County. Hon. J. W. Buchanan, Judge. On the 2d of March, 1881, J. B. Busby executed a deed of trust on eighty acres of land to Newman Cayce, as trustee, to secure the payment of a debt which the grantor owed M. C. Cummings. Busby was then a married man, and residing with his family upon the land embraced in the deed of trust as his homestead. His wife did not join in the conveyance.
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Appeal from the Circuit Court of Itawamba County. Hon. J. W. Buchanan, Judge. On the 2d of March, 1881, J. B. Busby executed a deed of trust on eighty acres of land to Newman Cayce, as trustee, to secure the payment of a debt which the grantor owed M. C. Cummings. Busby was then a married man, and residing with his family upon the land embraced in the deed of trust as his homestead. His wife did not join in the conveyance. In January, 1882, he moved with his family away from the land referred to. In February, 1882, the trustee advertised and sold the land, in pursuance of the terms of the…
1Opinion of the CourtCampbell, C. J.
The deed of trust executed by Busby without the joinder of his wife, as required by the statute, was not valid, and its invalidity was not cured by the subsequent removal from the homestead, whether such removal was temporary or permanent. The validity or invalidity of the deed of trust was determinable by the conditions existing when it was executed, and not by what occurred afterward.
Judgment affirmed.
2Cited by11 opinions
- Pipkin v. WilliamsSupreme Court of Arkansas · 1893
- Hughes v. HahnMississippi Supreme Court · 1950
- Ladner v. MoranMississippi Supreme Court · 1941
- Welborn v. LoweMississippi Supreme Court · 1987
- McDonald v. SanfordMississippi Supreme Court · 1906
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