Brown v. Brown
Mississippi Supreme Court
Brown v. Brown, 90 Miss. 410 (Miss. 1907)
43 So. 178
Whitfield
Brown v. Brown
Opinion of the Court
delivered the opinion of the court.
The marriage of the parties was null and void. The appellee was an entire stranger and pure volunteer. Tie had no interest whatever in the property, and all his payments were made as a simple volunteer. The case was precisely within the principles announced in the case of Berry v. Bullock, 81 Miss., 463, 33 South., 410, and the authorities therein cited.
The decree is reversed, and demurrer sustained, and the bill dismissed.
Reference
- Full Case Name
- Margaret Ford Brown v. Turner Brown
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Equity Jurisprudence. Mortgages. Satisfaction. Subrogation. A party to a void marriage who, honestly believing that hs is the husband of the other party thereto, on her verbal promise to convey him a half interest in the property, satisfies a mortgage on her land, is a mere volunteer and not entitled to be subrogated to the rights of the mortgagee.