Wilson v. Gray
Mississippi Supreme Court
Appeal from the Circuit Court of Montgomery County. Hon. C. H. Campbell, Judge. On Jan. 2, 1878, the appellee conveyed two hundred and twenty-five acres of land to A. H. and J. A. Wilson for the recited consideration of twenty-five hundred dollars, seven hundred and seventy-one dollars and forty-eight - cents cash, and the remainder in the note of J. H. Greer.
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Appeal from the Circuit Court of Montgomery County. Hon. C. H. Campbell, Judge. On Jan. 2, 1878, the appellee conveyed two hundred and twenty-five acres of land to A. H. and J. A. Wilson for the recited consideration of twenty-five hundred dollars, seven hundred and seventy-one dollars and forty-eight - cents cash, and the remainder in the note of J. H. Greer. His wife signed the conveyance, but the acknowledgment, which with the deed was written by the appellee, failed to state that she sealed or delivered the instrument. On June 8, 1881, the appellee brought ejectment for eighty acres of…
1Opinion of the CourtCampbell, J.
The conveyance by Gray, under the circumstances proposed by the appellant to be shown by evidence, was not invalid, although the acknowledgment of it by his wife was defective. If he had resolved to change his residence, and made a sale of his homestead, in order to effect it, and not as a device to evade the legal requirement of his wife’s joinder, the fact that it was made before his actual removal from the land did not make invalid the conveyance, which would have been valid if made after the abandonment occurred. The sale of the homestead having been made, in execution of the purpose to…
2Cited by8 opinions
- Hughes v. HahnMississippi Supreme Court · 1950
- Welborn v. LoweMississippi Supreme Court · 1987
- Grantham v. RalleMississippi Supreme Court · 1963
- Bolen v. LillyMississippi Supreme Court · 1904
- Gilmer v. FreemanMississippi Supreme Court · 1976
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