Scott v. Scott
Mississippi Supreme Court
From the chancery court of Leflore county. Hon. Claude Pintard, Chancellor. The appellee filed her bill in equity, averring that she is, and was on June 18, 1894, the wife .of the defendant, Sam Scott, and that, on that day, while living with him as his wife, on the premises in controversy, he drove her and their child from their home thereon,, without just cause or provocation, and since then would neither live with them nor permit them to live with him; that complainant,…
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From the chancery court of Leflore county. Hon. Claude Pintard, Chancellor. The appellee filed her bill in equity, averring that she is, and was on June 18, 1894, the wife .of the defendant, Sam Scott, and that, on that day, while living with him as his wife, on the premises in controversy, he drove her and their child from their home thereon,, without just cause or provocation, and since then would neither live with them nor permit them to live with him; that complainant, in consequence, had been compelled, to live with her mother; that he afterwards filed a false and scandalous bill for…
1Opinion of the CourtCooper, C. J.
The bill in this cause charges, and the demurrer admits, that the defendant, Scott, without cause or provocation, drove his wife, the complainant, from his home and refused to permit her to return. The first question, therefore, presented is whether the husband could, thereafter, and while the premises *579continued to be his home, lawfully convey the same, the wife not joining in the conveyance. Our statute declares that “a conveyance, mortgage, deed of trust or other incumbrance upon the homestead exempted from execution, shall not be valid or binding, unless signed by the wife of the owner, if…
2Cases cited3 opinions
- Garland v. GarlandMississippi Supreme Court · 1874
- McFarland v. McFarlandMississippi Supreme Court · 1886
- Verner v. VernerMississippi Supreme Court · 1884
3Cited by17 opinions
- Alexander v. DanielMississippi Supreme Court · 2005
- Welborn v. LoweMississippi Supreme Court · 1987
- Philan v. TurnerMississippi Supreme Court · 1943
- Grantham v. RalleMississippi Supreme Court · 1963
- Ward v. WardMississippi Supreme Court · 1987
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