Billingsley v. Niblett
Mississippi Supreme Court
ERROR to the Chancery Court of Lee County. Hon. Laeayette Haughton, Chancellor. The defendants in error, the Nibletts and their wives, filed this bill to enjoin the sale of a quarter-section of land under a trust-deed thereon in favor of the plaintiff in error, on the ground that the land had for a long time been occupied by them as their homestead exemption, and the wives had not joined in the trust-deed.
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ERROR to the Chancery Court of Lee County. Hon. Laeayette Haughton, Chancellor. The defendants in error, the Nibletts and their wives, filed this bill to enjoin the sale of a quarter-section of land under a trust-deed thereon in favor of the plaintiff in error, on the ground that the land had for a long time been occupied by them as their homestead exemption, and the wives had not joined in the trust-deed. The Nibletts had been in possession of the land, under a bond for title, for many years, and the land during that time was sold at a tax sale, and bought by the plaintiff in error, who…
1Opinion of the CourtCampbell, J.
The deed of trust ivas not invalid because the wives of the grantors did not join in its execution. It was made to secure the purchase-money of the land, agreed to be paid by the grantors. The claim of plaintiff ih error is paramount to the claim of a “homestead.” The land was a subject of legal controversy. Plaintiff in error sued to recover its possession. The grantors ih the deed of trust surrendered to the claim asserted by plaintiff in error in court, and purchased his title by promising to pay him a sum of money, and securing its payment by a deed of trust on the land which was the…
2Cited by6 opinions
- Smith v. ScherckMississippi Supreme Court · 1882
- Stuart v. Kennedy & Co.Mississippi Supreme Court · 1927
- Herron v. LandMississippi Supreme Court · 1929
- Corey v. MatotCalifornia Court of Appeal · 1920
- Biggs v. RobertsMississippi Supreme Court · 1959
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