Reed v. Mosely
Mississippi Supreme Court
From the chancery court of Washington county. Hon. Á. H. Longino, Chancellor. The complainants in the court below, appellees, vendees of the heirs of one Sidney Mack, filed their bill in this case to cancel a deed executed by Mack, in his lifetime, purporting to convey the lands in controversy.
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From the chancery court of Washington county. Hon. Á. H. Longino, Chancellor. The complainants in the court below, appellees, vendees of the heirs of one Sidney Mack, filed their bill in this case to cancel a deed executed by Mack, in his lifetime, purporting to convey the lands in controversy. They claimed that the deed was void under code of 1892, § 1983, providing that a conveyance of the homestead by the husband shall not be valid unless signed by the wife of the owner, if he be married and living with his wife. It was averred that the premises constituted Mack’s homestead at the date of…
1Opinion of the CourtWhitfield, J.
The testimony in this case clearly shows that Sidney Mack and Amanda Hunter were ‘ ‘ living together and cohabiting as husband and wife November 22, 1865, at the time of the pas*6sage of the act of that date (acts 1865, p. 82, ch. á, sec. 3),- and had theretofore so lived from 1860, when a slave marriage was had between them, according to the then custom of the country in that regard, and that four children were born to them in that time, and that they so lived together and cohabited as man and wife certainly till 1867, and probably till after the adoption of the constitution of 1869, section…
2Cases cited2 opinions
- Floyd v. CalvertMississippi Supreme Court · 1876
- Andrews v. SimmonsMississippi Supreme Court · 1891