Montgomery v. Scott

Mississippi Supreme Court
Montgomery v. Scott, 61 Miss. 409 (Miss. 1883)
Cooper

Montgomery v. Scott

Opinion of the Court

Cooper, J.,

delivered the opinion of the court.

The object of § 1178 of the Code of 1880 was to prevent the *411introduction of parol proof to establish either the existence of a contract of sale between husband and wife, or the fact that other persons had notice of such sales or transfers. A sale or transfer not made in the manner prescribed and recorded as is provided by said section is invalid. Nothing can be substituted as equivalent to the thing required by the statute to be done.

Judgment reversed.

Reference

Full Case Name
E. R. Montgomery v. Annie Scott
Cited By
4 cases
Status
Published
Syllabus
Husband and Wire. Transfer between. Section 1178, Code 1880, construed. A sale or transfer between husband and wife is invalid as to third parties unless all the requirements of $ 1178, Code 1880, are strictly complied with. Neither the transfer nor notice to third parties can be established by parol proof.