M'Gehee v. White
Mississippi Supreme Court
Appeal from the District Chancery Court, at Holly Springs. Hon. Henry Dickinson, judge. For the facts, reference is made to the opinion of the court. I. It is admitted, that by the common law, the husband could dissent to a deed made to the wife, and thereby divest her of the estate, but this rule is changed by the Acts of 1889 and 1846. The wife can now take the estate without the assent of the husband, and such was the rule in equity, before the passage of those acts.
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Appeal from the District Chancery Court, at Holly Springs. Hon. Henry Dickinson, judge. For the facts, reference is made to the opinion of the court. I. It is admitted, that by the common law, the husband could dissent to a deed made to the wife, and thereby divest her of the estate, but this rule is changed by the Acts of 1889 and 1846. The wife can now take the estate without the assent of the husband, and such was the rule in equity, before the passage of those acts. See 2 Story, Eq. § 1378. 2. The answer insists, that it was not their intention that the deed should be valid and operative,…
1Opinion of the CourtHandy, J.
This was a bill filed by the appellee in the,. District Chancery Court, at Holly Springs, stating, that previous to the year 1846, the complainant’s father, William W. White, was married to Lucinda, the daughter of the appellants, and had issue, a daughter Anne; that the mother died in March, 1847, and the child Anne died in August, 1850 ; that the father married a second wife, and had issue thereof, the complainant, who was born in 1849, and claims title to the land in controversy as the heir at law of his sister Anne, who died after his birth. The ground of the complaint is, that in the…
2Cited by2 opinions
- Davis v. HartMississippi Supreme Court · 1889
- Shackelford v. BrownMississippi Supreme Court · 1894