Cummings v. Busby

Mississippi Supreme Court October 15, 1884

Cummings v. Busby, 62 Miss. 195 (Miss. 1884)

Campbell

Opinion of the Court

Campbell, C. J.,

delivered the opinion of the court.

The deed of trust executed by Busby without the joinder of his wife, as required by the statute, was not valid, and its invalidity was not cured by the subsequent removal from the homestead, whether such removal was temporary or permanent. The validity or invalidity of the deed of trust was determinable by the conditions existing when it was executed, and not by what occurred afterward.

Judgment affirmed.

Reference

Full Case Name: M. C. Cummings v. J. B. Busby and Wife
Cited By: 11 cases
Status: Published
Syllabus: Deed oe Trust. Conveying homestead. Nonjoinder of wife. Subsequent removal. The invalidity .of a deed of trust on an exempt homestead, resulting from, the non-joinder therein of the wife of the owner (§ 1258, Code 1880), cannot he cured by the family’s subsequent removal, temporary or permanent, from such homestead. The conditions existing at the time of the execution of the instrument determine its validity or invalidity, which cannot he affected by subsequent events.