M'Allister v. Moye
Mississippi Supreme Court
Appeal from tbe District Chancery Court at Fulton. Hon. Henry Dickinson, vice chancellor. The facts are sufficiently stated in the opinion of the court. 1. The title-bond was void, because Mrs. Evans did not privately, separate and apart from her husband, acknowledge it. She could not therefore have been compelled to execute a deed.
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Appeal from tbe District Chancery Court at Fulton. Hon. Henry Dickinson, vice chancellor. The facts are sufficiently stated in the opinion of the court. 1. The title-bond was void, because Mrs. Evans did not privately, separate and apart from her husband, acknowledge it. She could not therefore have been compelled to execute a deed. Frost v. Boyle, T S. & M. 68; James v. Fish, 9 lb. 144; Warren v. Brown, 3 Cushm. 66; Boberson v. Bruner, 2 lb. 243, 244; Self v. Uowlan, 1 lb. 264. 2. The deed from Carlisle does not convey the interest in the lands, of the minor children of Mr. Evans, now…
1Opinion of the CourtHaNDY, J.
This was a bill filed in the District Chancery Court at Fulton, to enforce a lien for the purchase-money of certain lots of land, under the following circumstances:—
The appellant, the defendant below, purchased the lots of land in question, from Andrew J. Evans, and Frances his wife, paying for the same one thousand dollars in cash, and executing his promissory note for fifteen hundred dollars, payable to Evans and wife, or bearer, on the 1st March, 1852; and Evans and wife executed to him a bond for title, conditioned to make or cause to be made to him, his heirs and assigns, “ a good and…
2Cases cited1 opinion
- Stanton's Heirs v. PollardCourt of Appeals of Mississippi · 1852
3Cited by7 opinions
- Johnson v. CooperMississippi Supreme Court · 1879
- Kennedy v. GainesMississippi Supreme Court · 1875
- Burrus v. BurrusMississippi Supreme Court · 1878
- Morton v. VarnadoMississippi Supreme Court · 1921
- Schrader v. Texas Co.Mississippi Supreme Court · 1951
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