Hubbard v. Sage Land & Improvement Co.
Mississippi Supreme Court
From the chancery court of Covington county. Hon. Stone Deavours, Chancellor. The appellant was complainant and the appellee defendant in the court below.
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From the chancery court of Covington county. Hon. Stone Deavours, Chancellor. The appellant was complainant and the appellee defendant in the court below. The appellant, Hubbard, filed his bill of complaint to set aside, as to eighty acres of the land therein mentioned, a deed of conveyance made by one Z. A: Rogers to appellee, the Sage Land and Improvement Company, on the fol - lowing state of facts: One A. D. F. Williamson executed a deed of trust on his tract of land, containing about 320 acres, to secure a debt to said Rogers. Williamson and his wife lived on the land, and his wife did…
1Opinion of the CourtTerral, J.
It has been held that under § 1983, code 1892, a deed of trust upon the homestead, made by the husband owning it in fee, is invalid unless it is contemporaneously joined in by the wife. Williamson, without the joinder of his wife, executed a deed of trust upon all his lands, including bis homestead, to Speed, to secure Rogers a debt due to him. Before this deed of trust was foreclosed, Williamson died, whereupon Rogers released his incumbrance upon eighty acres of it for a homestead, and induced Mrs. Williamson, without further consideration, to waive the right of homestead exemption in the…
2Cases cited2 opinions
- Duncan v. MooreMississippi Supreme Court · 1889
- Gulf & Ship Island Railroad v. SingleterryMississippi Supreme Court · 1901
3Cited by6 opinions
- Hughes v. HahnMississippi Supreme Court · 1950
- Ladner v. MoranMississippi Supreme Court · 1941
- Hudson v. Bank of LeakesvilleMississippi Supreme Court · 1971
- Gardner v. CookMississippi Supreme Court · 1934
- Blair v. Frank B. Russell & Co.Mississippi Supreme Court · 1919
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