Pounds v. Clarke, Hood & Co.
Mississippi Supreme Court
From the chancery court of Lee county. Hon. Laxter McFarland, Chancellor. Appellants, "W. C. Pounds and M. L. Pounds, his wife, ■filed this bill against appellees to cancel a deed of trust, by which W. C. Pounds conveyed the land in controversy to one Gray to secure a debt due to appellees, and also to cancel the conveyance by said trustee to them.
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From the chancery court of Lee county. Hon. Laxter McFarland, Chancellor. Appellants, "W. C. Pounds and M. L. Pounds, his wife, ■filed this bill against appellees to cancel a deed of trust, by which W. C. Pounds conveyed the land in controversy to one Gray to secure a debt due to appellees, and also to cancel the conveyance by said trustee to them. The bill seeks to avoid the deeds, on the ground that the land was the Tiomestead of the complainants, and the wife did not join in filie execution of the trust-deed. The defendants, after their purchase, had obtained possession by an action of…
1Opinion of the Court
"Woods, J.,
delivered the opinion of the court.
M. L. Pounds, the wife, was neither a necessary nor a proper party to the litigation. She had no interest in the lands, and if, as appears, the husband had undertaken to convey the homestead without the wife’s joining therein, the conveyance may be shown by the grantor to be invalid in any forum in which the question may arise. The attack may be made upon this invalid conveyance by the husband, at law or in equity, and there is neither necessity nor propriety in making the wife a party to litigation concerning lands in which she has no estate or…
2Cases cited1 opinion
- Massey v. WombleMississippi Supreme Court · 1891
3Cited by6 opinions
- McDonald v. SanfordMississippi Supreme Court · 1906
- Thompson v. DyessMississippi Supreme Court · 1953
- Loxley v. DouglasSupreme Court of Alabama · 1898
- Young v. AshleyMississippi Supreme Court · 1920
- Stuart v. Kennedy & Co.Mississippi Supreme Court · 1927
1 more not listed; retrieve them via the Exa API.