Reference

Full Case Name

Magnolia Walker v. T. J. Ross

Cited By

1 case

Status

Published

Syllabus

Married Woman. Deed of trust executed in 1871. Effort to avoid same. Case in judgment. In 1871 M., a married woman, executed a deed of trust for the purpose, as therein recited, of securing a debt for supplies and money used and to be used in cultivating a certain plantation, her separate property. The land was sold as provided in the deed, and was conveyed, upon a valuable consideration, to a purchaser relying upon the truth of the recital referred to, and having no notice of the falsity thereof. In 1886, M. brought ejectment to recover the land, on the ground that the trust deed was void, because based upon a debt for money borrowed by her husband and used in paying his individual debts. (The law in force when the deed of trust was executed declared that a married woman could only encumber her real estate for her husband’s debts to the extent of the income thereof.) Held, that M. cannot recover. O’Hara v. Alexander, 56 Miss., 816, and McDougal Y.'Bank, etc., 62 Miss., cited.