Chandler v. Morgan
Mississippi Supreme Court
Appeal from the Chancery Court of Wilkinson county. Hon. H. S. Van Eaton, Chancellor. On the 15th of June, 1876, Lina Hastings and her husband, William Hastings, executed to W. C. Miller, as trustee, a deed of trust on certain lands belonging to Mrs. Hastings.
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Appeal from the Chancery Court of Wilkinson county. Hon. H. S. Van Eaton, Chancellor. On the 15th of June, 1876, Lina Hastings and her husband, William Hastings, executed to W. C. Miller, as trustee, a deed of trust on certain lands belonging to Mrs. Hastings. The trust-deed recited that Wiley Morgan had become bound unto the State in a certain penal bond for the sum of $400, D. C. Hastings being the principal therein, and Morgan being the surety, and “ the condition of said bond being that said D. C. Hastings shall be and appear at the next term of the Circuit Court to be held in October…
1Opinion of the CourtCampbell, C. J.
Mrs. Hastings had no legal authority to charge her separate estate to indemnify the surety on the recognizance of her son, nor can the deed of trust be maintained as a charge on her income upon the ground that it was executed for the debt of her husband. He owed no debt, and the deed of trust was not given to secure a debt or undertaking of the husband. He joined in it simply .to enable his wife to convey. His liability was not thought of or looked to. The deed of trust on the wife’s land was the thing bargained for and relied on, and not any liability of the husband.
Decree reversed,…
2Cited by1 opinion
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