Legal Opinion

Jones v. Porter

Mississippi Supreme Court

Decided April 15, 1882PublishedCited by 11 opinions

Appeal from the Chancery Court of Claiborne County. Hon. H. S. Yan Eaton, Chancellor. This bill was filed, on July 6, 1880, by Mary A. Porter, against her own husband, H. B. Porter, and Jane Jones, and the latter’s husband, D. A. Jones, to cancel a deed in trust, on land in Claiborne County, executed April 80, 1877, by the complainant, to secure D. A. Jones, a merchant, for advancing her supplies to cultivate the land, and a deed of the same land to Jane Jones, dated March…

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Appeal from the Chancery Court of Claiborne County. Hon. H. S. Yan Eaton, Chancellor. This bill was filed, on July 6, 1880, by Mary A. Porter, against her own husband, H. B. Porter, and Jane Jones, and the latter’s husband, D. A. Jones, to cancel a deed in trust, on land in Claiborne County, executed April 80, 1877, by the complainant, to secure D. A. Jones, a merchant, for advancing her supplies to cultivate the land, and a deed of the same land to Jane Jones, dated March 3, 1878, and signed by the complainant, upon the allegations that the trust deed was given by her alone in the absence of…

1Opinion of the CourtCampbell, C. J.

The deed of trust was void, because it was executed by the appellee without the joinder of her husband ; and the absolute conveyance to Jane Jones was void, because the acknowledgment of the appellee was taken by the husband of the grantee, who was the pro^cjiring cause of its being made to her. Wasson v. Connor, 54 Miss. 351. The decree cancelling these deeds was correct.

The objection made by the appellants to that part of the decree which directs the clerk to enter the fact of cancellation on the margin of the record is unavailing to them. Such entry will in no way harm them, and may be…

2Cases cited1 opinion

  1. Wasson v. ConnorMississippi Supreme Court · 1877

3Cited by11 opinions

  1. Vanderbilt v. MitchellSupreme Court of New Jersey · 1907
  2. Horbach v. TyrrellNebraska Supreme Court · 1896
  3. Kothe v. Krag-Reynolds Co.Indiana Court of Appeals · 1898
  4. Metropolitan National Bank, James M. Oberlies and Robert E. Ryan v. United StatesCourt of Appeals for the Fifth Circuit · 1990
  5. Penn v. GarvinSupreme Court of Arkansas · 1892

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