Williams v. Yazoo & Mississippi Valley Railroad
Williams v. Yazoo & Mississippi Valley Railroad
Opinion of the Court
delivered the opinion of the court.
The evidence on the question of the ownership of this cotton and its possession is as follows: “Q. Mr. Williams, you spoke in your examination about the cotton being your cotton. Was it yours or your wife’s? A. Mine. Q. Where was it raised? A. At home. Q. Who owns the place ? A. My wife. Q. And this cotton was raised there ? A. Yes, sir. It was shipped in my name. Q. How came the cotton yours, if the place was hers ? A. I have always shipped it as mine. Q. I know. It had not been shipped yet, and your wife owns the property? A. But not the crop. Q. How do you hold that property ? Is there any contract between you and your wife ? A. No written contract, but an understanding. Q. So the land is hers that produced this cotton, and there is simply an understanding
Affirmed.
Reference
- Full Case Name
- Merritt Williams v. Yazoo & Mississippi Valley Railroad Company
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Husband and Wife. Code 1892, § 2294. Transfers of property. Third, persons. A husband who manages his wife’s farm, under a verbal understanding with her that he is to own the crops, is not the owner of cotton produced thereon and cannot maintain a suit for its negligent destruction by a third person, under Code 1892, § 2294, providing that a transfer of property between husband and wife shall not be valid as against third parties, unless it be in writing and¡ filed for record, and that possession of the property shall not be equivalent to filing the writing for record.