Gatti v. New Orleans Railway & Mill Supply Co.
Gatti v. New Orleans Railway & Mill Supply Co.
Opinion of the Court
delivered the opinion of the court.
The appellee, the New Orleans Pailwav & Mill Supply Co., on the 25th day of April, 1898, recovered a judgment in the circuit court of Jackson county against Tony C. Gatti in the sum of $378 upon two promissory notes due and payable before the 16th day of July, 1897, and said company filed its bill against said Gatti and his wife to cancel a conveyance made without consideration by Gatti to his wife on the 16th day of July, 1897, of certain real and.personal property, his blacksmith and machine shop in Scranton, with all machinery, tools, and
The right of Mrs. G atti in the homestead of her husband was not a property right which might be the subject of sale by her. It was a mere power of veto against the conveyance of it by her husband without her consent. The property, and ail the right of property, .in the homestead, was in the husband, and when she signed the conveyance her veto power was gone, and no promise of the husband to induce her to sign the conveyance of his homestead could be binding in law upon him, because of the want of any consideration to support such promise. The conveyance of Gatti to his wife was void as to his creditors.
Affirmed.
Reference
- Full Case Name
- Tony C. Gatti v. New Orleans Railway & Mill Supply Company
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- 9 cases
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- Syllabus
- 1. Husband and Wife. Code 1892, g 1983. Homestead. Wife’s veto. The wife has a mere- veto power on the sale of the husband’s homestead and not a property right, subject to bargain and sale, under code 1892, § 1983, providing that the husband’s deed thereto shall not be valid without the joinder of the wife, if they be living together. 2. Same. Nudum paotum. A promise by the husband to the wife, without other consideration than her joining him in the execution of a deed to his homestead, is nudum pactum, and not binding.