Montgomery v. Scott
Mississippi Supreme Court
Appeal from the Circuit Court of Claiborne County. Hon. J. B. Chrisman, Judge. The appellee brought an action of replevin against the appellant for two bales of cotton. Appellant claimed the cotton as landlord and by virtue of a deed of trust for a balance due her from John Scott, husband of appellee, for supplies.
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Appeal from the Circuit Court of Claiborne County. Hon. J. B. Chrisman, Judge. The appellee brought an action of replevin against the appellant for two bales of cotton. Appellant claimed the cotton as landlord and by virtue of a deed of trust for a balance due her from John Scott, husband of appellee, for supplies. To defeat this claim appellee claimed that the cotton in controversy was raised on certain lands which she sub-leased from her husband, John Scott, being part of the land rented by John Scott from appellant; that the sub-lease was in writing and had been acknowledged, but had never…
1Opinion of the CourtCooper, J.
The object of § 1178 of the Code of 1880 was to prevent the *411introduction of parol proof to establish either the existence of a contract of sale between husband and wife, or the fact that other persons had notice of such sales or transfers. A sale or transfer not made in the manner prescribed and recorded as is provided by said section is invalid. Nothing can be substituted as equivalent to the thing required by the statute to be done.
Judgment reversed.
2Cited by4 opinions
- Dogan, Sheriff v. CooleyMississippi Supreme Court · 1939
- Snider v. Udell Woodenware Co.Mississippi Supreme Court · 1896
- Arnold v. ElkinsMississippi Supreme Court · 1890
- Davis v. NettervilleMississippi Supreme Court · 1890