Mississippi Supreme Court, 1883

Montgomery v. Scott

Mississippi Supreme Court · Decided October 15, 1883 · Cooper

61 Miss. 409

Cases that cite this one

2 later published cases cite this decision.

Snider v. Udell Woodenware Co. (Miss. 1896)
Davis v. Netterville (Miss. 1890)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.