Sessions v. Bacon
Mississippi Supreme Court
On appeal from the superior chancery court; Hon. Stephen Cocke, chancellor. This was a bill filed in the superior chancery court, by John Bacon and others, to foreclose a mortgage executed by Sessions and wife on certain slaves.
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On appeal from the superior chancery court; Hon. Stephen Cocke, chancellor. This was a bill filed in the superior chancery court, by John Bacon and others, to foreclose a mortgage executed by Sessions and wife on certain slaves. The plaintiffs in error pleaded separately, that the property upon which the mortgage was executed on the 21st of January, 1840, was at the time, and is yet, the sole property of the wife, derived to her from her father, who died in 1838, and held by her under the married woman’s law, and that the debt in the mortgage mentioned, was the debt of her husband, (E. J.…
1Opinion of the CourtJustice FisheR
The only question to be decided in this case is, whether a feme covert, having an estate in lands and slaves, under the statute of 1839, can, by a deed executed jointly with her husband and properly acknowledged, mortgage the same to secure a debt of the husband.
Her power to convey her property in the manner pointed out by the statute, is too clear to admit of doubt. If the power exist to make an absolute sale or conveyance, it would seem to be equally clear, that she could exercise the less power of maldng a conditional sale or conveyance.
*274We therefore pronounce the mortgage valid and…
2Cited by7 opinions
- Stone v. MontgomeryMississippi Supreme Court · 1858
- Whitworth v. CarterMississippi Supreme Court · 1870
- Dibrell v. CarlisleMississippi Supreme Court · 1873
- Hyde v. WarrenMississippi Supreme Court · 1871
- Franklin v. BeattyMississippi Supreme Court · 1854
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