Cross v. Hedrick
Cross v. Hedrick
Opinion of the Court
delivered the opinion of the court.
The appellee is precluded of all relief sought by her on the facts stated in her bill by the lapse of time and her acquiescence in what was done by the creditor, Myrick, in securing the payment of the account as rendered by him to the appellee and her husband.
The deed of trust given to secure the payment of the account to be thereafter contracted, designated both herself and her husband as parties to whom the goods were to be sold ; the accounts were kept by the merchant in their joint names, and were by him so rendered to them. No objection was then made that the debt was due by the husband alone, nor was the sale under the power in the deed prevented by resort to the courts. Having permitted the execution of the trust, she cannot, after the lapse of so many years, impeach the validity of the sale by evidence that by an arrangement between her husband and herself he was conducting business on her farm for his own exclusive benefit, by reason of which the debt secured was his debt and the security given on her other lands bound only the income and not the corpus of her estate. This point is settled by the cases of McDougal v. The People’s Bank, 62 Miss. 667 ; Walker v. Ross, 65 Miss. 523.
If it be true as alleged in the bill that the goods sold were charged at exorbitant prices, that some of them were in fact never delivered and that credits to which she was entitled were omitted from the account, the reply is, that these objections should have-been made when the accounts were rendered or at least while the matter was in fieri. There is no suggestion that any of these facts
There is no equity in complainant's cause.
Wherefore the decree is reversed and bill dismissed.
Reference
- Full Case Name
- Daisy M. Cross v. Nancy Hedrick
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Married Woman. Lachen. Estoppel. A married woman, who, with her husband, gives a trust-deed on her property to secure a debt for goods therein contracted to be advanced to both, and where joint accounts are rendered her at the time, cannot, eight years after a sale thereunder and a recovery from her of the property by legal proceedings, impeach the sale by showing an arrangement with her husband under which he was to cultivate her lands for his own benefit, so that only the income of her property would be liable under the code of 1871. 2. Acquiescence in Mortgage Sade. Lapse of time. Nor can one, in such case, complain that the goods were charged at exorbitant prices; that proper credits had not been given, and the like. Having raised no objection to the accounts as rendered, and having taken no steps to prevent a sale while the matter was in fieri, after such a lapse of time, there being no concealment of facts, she will not be permitted to vacate the sale and re-open the transactions; and this although the beneficiary himself is the purchaser.