Watkins v. Duvall
Mississippi Supreme Court
From the circuit court of Monroe county. Hon. Lock E. Houston, Judge. On the 3d day of December, ,1888, W. W. Watkins, being the owner of land in Monroe county, rented the same to Sam Martin and D. C. Helium, taking their joint note for $250, payable October 15, 1890. On January 31, 1889, said W. W. Watkins executed a deed, conveying to his wife, A. L. Watkins, the premises so rented, which deed was duly acknowledged, and was recorded February 16, 1889. On the 14th day…
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From the circuit court of Monroe county. Hon. Lock E. Houston, Judge. On the 3d day of December, ,1888, W. W. Watkins, being the owner of land in Monroe county, rented the same to Sam Martin and D. C. Helium, taking their joint note for $250, payable October 15, 1890. On January 31, 1889, said W. W. Watkins executed a deed, conveying to his wife, A. L. Watkins, the premises so rented, which deed was duly acknowledged, and was recorded February 16, 1889. On the 14th day of.February, 1889, A. L. Watkins executed a deed, reconveying said land to her husband. This deed w3s acknowledged the day of…
1Opinion of the CourtCampbell, C. J.
An affidavit in conformity to § 1774 of the code is a sufficient foundation for the claim of a third person replevying property attached for rent and advances, by virtue of “An act,” etc., approved February 11, 1882, Laws, p. 139.
The conveyance by Watkins to his wife of the land rented, carried with it, as an incident, the rent note held by him, and she (not he) became landlord, and remained sucb, as no valid conveyance of the land by her to him was shown, because the conveyance she made to him was not valid as against any third person (Code, § 1178), it not having been “filed for record.”
As…
2Cited by5 opinions
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