Woods v. Campbell
Mississippi Supreme Court
Erom tbe chancery court of Kemper county. Hon. James E. McOool, Chancellor. Mrs. Campbell and others, appellees, heirs of Albert Dozier, deceased, were complainants in the court below; Woods and others, appellants, were defendants there. The object of the bill was to remove clouds from title to lands. Erom a decree in complainants’ favor the defendants appealed to the supreme court.
Read the full summary
Erom tbe chancery court of Kemper county. Hon. James E. McOool, Chancellor. Mrs. Campbell and others, appellees, heirs of Albert Dozier, deceased, were complainants in the court below; Woods and others, appellants, were defendants there. The object of the bill was to remove clouds from title to lands. Erom a decree in complainants’ favor the defendants appealed to the supreme court. In his lifetime Albert Dozier was the owner of the property in controversy, and according to the allegations of the bill, while occupying it with his wife as a homestead, being the head of a family, having a wife…
1Opinion of the CourtWhitxield, C. J.
Code 1892, § 2732, has no application to a trust deed on a homestead, absolutely null and' void by reason of the wife’s failure to join in its execution. Only the ten-year statute as to adverse possession could apply to this suit. See sec. 2730. H. Woods, Jr., did not sustain the relation of mortgagee; he took possession of the lands involved in this case as a naked trespasser, and those claiming under him cannot find shelter under Code 1892, § 2732.
The application to amend the answer came too late. The evidence taken shows inexcusable negligence' on the part of appellant Pierce — by whom the…
2Cited by5 opinions
- Thompson v. DyessMississippi Supreme Court · 1953
- Young v. AshleyMississippi Supreme Court · 1920
- Oatis v. MingoMississippi Supreme Court · 1946
- Toler v. LoveMississippi Supreme Court · 1934
- Wirtz v. GordonMississippi Supreme Court · 1938