Garland v. Garland
Mississippi Supreme Court
Appeal from the Chancery Court of Pike County. Hon. E. G. Peyton, Jr., Chancellor. Mary Garland filed her bill against her husband, W. H. Garland, and charges that she is the owner in her own right of certain real estate and personal property; that she is a housekeeper; describes the estate, real and personal, which yields no revenue; that she has no means to be used in the support of herself and daughters; that a sale of a portion of her property is absolutely necessary;…
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Appeal from the Chancery Court of Pike County. Hon. E. G. Peyton, Jr., Chancellor. Mary Garland filed her bill against her husband, W. H. Garland, and charges that she is the owner in her own right of certain real estate and personal property; that she is a housekeeper; describes the estate, real and personal, which yields no revenue; that she has no means to be used in the support of herself and daughters; that a sale of a portion of her property is absolutely necessary; that at this time, and sometime previous, the said defendant has entirely failed to furnish anything for their support,…
1Opinion of the Court
Tarbell, J,
delivered the opinion of the court.
This is a proceeding by a feme covert under § 1791 of the code, which statute reads as follows: “If the husband shall abandon his wife, and cease to live with her, she may petition the chancery court of the county in which she resides, and by proving it, obtain an order to enable her to act in all things as an unmarried woman, in the control, management and disposition of her separate property, and in the institution and defense of suits at iaw or in equity. The petition shall be sworn to, and the husband personally served with summons to answer…
2Cases cited1 opinion
- Walker v. SleightSupreme Court of Iowa · 1870