Mississippi Supreme Court, 1884

Cummings v. Busby

Cummings v. Busby
Mississippi Supreme Court · Decided October 15, 1884 · Campbell
62 Miss. 195

Cummings v. Busby

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.

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