Massey v. Womble
Mississippi Supreme Court
From the chancery court of Yalobusha county, first district. Hon. B. T. Kimbrough, Chancellor. Appellees, the widow and children of W. H. Womble, filed this bill to establish their title to eig’hty acres of land, and to recover possession of the same from defendants. The land is part of the estate of W. H. Womble, who died in 1882, and who had occupied the same as his homestead since 1869, and up to the time of his death.
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From the chancery court of Yalobusha county, first district. Hon. B. T. Kimbrough, Chancellor. Appellees, the widow and children of W. H. Womble, filed this bill to establish their title to eig’hty acres of land, and to recover possession of the same from defendants. The land is part of the estate of W. H. Womble, who died in 1882, and who had occupied the same as his homestead since 1869, and up to the time of his death. In 1881 he executed a trust-deed on this and other lands to secure a debt due to merchants, but his wife did not join therein. The' land was sold by the trustee, and…
1Opinion of the CourtWoods, J.
The act of April 18,1873, making it unlawful for a married man to sell or otherwise dispose of his homestead without the consent of his wife, and declaring conveyances made of the homestead by the husband invalid, unless the wife shall join *351in such conveyance, vests no estate in the wife, and divests no estate out of the husband. It enlarges the operation of former homestead exemption laws, and changes the method of alienating homesteads themselves. The jus disponendi of the husband is not destroyed or tak^n away. The method of conveying is altered in the transfers of homesteads. In fact, the…
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