Massey v. Womble
Massey v. Womble
Opinion of the Court
delivered the opinion of the court.
The act of April 18,1873, making it unlawful for a married man to sell or otherwise dispose of his homestead without the consent of his wife, and declaring conveyances made of the homestead by the husband invalid, unless the wife shall join
No vested right is taken away from the husband; no estate whatever is vested in the wife; the mere method of alienation by the husband is altered, and that only so long as the lands are occupied as a homestead.
On all the proofs in the case, we do not feel authorized to reverse the decree because of the basis on which the master stated the account between the parties.'
The facts in evidence are widely different from those in
Affirmed.
Reference
- Full Case Name
- John O. Massey v. C. E. Womble
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. Homestead. Mode of alienation. Vested, right. Act of 1873. The owner of a homestead has no vested right in statutes prescribing the mode of its alienation. Accordingly, the act of April 18, 1873 (Laws, p. 78), requiring the wife to join in the conveyance by the husband of his homestead, applied to all conveyances thereafter made by him of his homestead, although he owned the same in fee in his own right prior to the passage of the act. 2. Accounting. Bents and improvements. The accounting in this case between the complainants and the defendant in possession, as to rents, improvements, taxes, etc., examined, and on all the proofs the result is not disturbed. Staton v. Bryant, 55 Miss., 261, distinguished.