Johnston ex rel. Smith v. Wallace
Mississippi Supreme Court
Appeal from the Chancery Court of Rankin County. Hon. T. B. Graham, Chancellor. Dora Johnston, by her next friend, J. A. Smith, her brother, filed this bill in chancery against her husband, Thomas H. Johnston, and David Wallace, asking an injunction to restrain David Wallace from enforcing a certain deed conveying the homestead on which she and her husband and children lived, and that on final hearing the injunction be made perpetual.
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Appeal from the Chancery Court of Rankin County. Hon. T. B. Graham, Chancellor. Dora Johnston, by her next friend, J. A. Smith, her brother, filed this bill in chancery against her husband, Thomas H. Johnston, and David Wallace, asking an injunction to restrain David Wallace from enforcing a certain deed conveying the homestead on which she and her husband and children lived, and that on final hearing the injunction be made perpetual. The bill alleged that, on the 22d of May, 1874, Mrs. Johnston at first refused to sign the said deed to the homestead to David Wallace ; but she finally did so…
1Opinion of the CourtCampbell, J.
'We agree with the Chancellor in his conclusions upon the facts of this case.
The only legal question is, whether it is admissible for a married woman to attack a deed signed by her and her husband, and purporting to have been duly acknowledged by her before a competent officer, whose certificate of her acknowledgment is complete; and to avoid it by evidence that such acknowledgment was in fact made only in the presence of her husband.
This is a question of great importance which has not been decided in this State. In Stone v. Montgomery, 35 Miss. 83, the question was raised and much discussed…
2Cases cited3 opinions
- Hartley v. FroshTexas Supreme Court · 1851
- Stone v. MontgomeryMississippi Supreme Court · 1858
- Withers v. BairdSupreme Court of Pennsylvania · 1838
3Cited by27 opinions
- Horbach v. TyrrellNebraska Supreme Court · 1896
- Pickens v. KniselyWest Virginia Supreme Court · 1886
- Shear v. RobinsonSupreme Court of Florida · 1881
- Colburn v. Mid-State Homes, Inc.Supreme Court of Alabama · 1972
- Johnson v. Van VelsorMichigan Supreme Court · 1880
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