Hartman v. Nettles
Mississippi Supreme Court
Appeal from the Chancery Court of Lincoln County. HoN, Laugh MoLauriN, Chancellor. In 1859 one John Evans conveyed a certain tract of land to F. D. Nettles, husband of Nancy Nettles, and the deed was duly recorded in that year. In 1862 Evans conveyed this same land to Nancy Nettles and the deed to her was recorded soon after its execution.
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Appeal from the Chancery Court of Lincoln County. HoN, Laugh MoLauriN, Chancellor. In 1859 one John Evans conveyed a certain tract of land to F. D. Nettles, husband of Nancy Nettles, and the deed was duly recorded in that year. In 1862 Evans conveyed this same land to Nancy Nettles and the deed to her was recorded soon after its execution. In 1882 F. H. Hartman recovered a judgment against F. D.' Nettles, and in 1885 caused an execution thereunder to be levied on the land above referred to. Thereupon Mrs. Nancy Nettles exhibited her bill to enjoin the sale, setting out the above facts and…
1Opinion of the CourtCoopee, C. J.
On the facts disclosed by the record relative to the possession of the lands in controversy, claimed under the conveyance made to her by Evans in 1862, and recognized and acquiesced in by the husband from that time, it is wholly immaterial whether the purchase-money was paid by the husband or by the wife. The parties to this conveyance mistakenly supposed that Evans, who had conveyed the lands to the husband, could by a subsequent deed to the wife revoke the conveyance to the husband and vest the legal title in the wife. But this deed, though ineffectual of and by itself to vest any title in…
2Cases cited1 opinion
- Niles v. DavisMississippi Supreme Court · 1883
3Cited by4 opinions
- Lincoln v. MillsMississippi Supreme Court · 1941
- Massey v. RimmerMississippi Supreme Court · 1892
- Lincoln v. MillsMississippi Supreme Court · 1941
- Lincoln v. MillsMississippi Supreme Court · 1941