Larson v. Larson
Mississippi Supreme Court
Larson v. Larson, 82 Miss. 116 (Miss. 1903)
Calhoon
Larson v. Larson
Opinion of the Court
delivered the opinion of the court.
No doubt the chancellor below was as reluctant to decide in the way in which he did as we are to sustain him. But we must affirm the decree rendered by him on the authorities cited in his opinion and in the briefs of counsel. Service by publication on a nonresident defendant in suit for alimony is not enough. The law in regard to in rem proceedings has no application to the facts of this case. Insanity of a grantor in a conveyance may be shown by the defense in an action of ejectment.
Affirmed.
Reference
- Full Case Name
- Louisa Larson v. John Larson
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. Alimony. Personal judgment. ' Process. Code' 1893, § 3431. Publication only. Under code 1892, § 3421, providing for publication of summons for •non-resident defendants, a personal judgment for alimony cannot be rendered in favor of a wife against her non-resident husband upon proof of publication only. 3. Husband and Wife. Homestead. Conveyance. Code 1893, ? 1983. Insanity. A wife cannot .maintain a suit to vacate a deed conveying his ■ homestead, in which she did not join, made by her husband after he had abandoned her and the homestead, because of the insanity of the husband at the time of the execution of the deed. 3. Same. Ejectment. Defense. A wife in possession of the husband’s homestead, when sued in ejectment by his vendees, may show that he was insane at the time after abandoning her when he executed the deed to \the plaintiff."