Mills-Guy Co. v. Dickerson
Mills-Guy Co. v. Dickerson
Opinion of the Court
delivered the opinion of the court.
The sole question presented for decision is whether the trust deed given on February 19, 1906, to the Auburn Mercantile Company, which purported to convey all crops raised by Laura Booth on a certain plantation, operated to convey the crops raised by her husband, Barney Booth, on the same plantation, or, if not, whether the fact that Barney Booth, as well as Laura Booth, signed and acknowledged the trust deed, wag sufficient to put subsequent purchasers and encumbrancers upon inquiry. Appellant is such a subsequent encumbrancer and purchaser. The trust deed in question names only Laura Booth as the grant- or, recites that it is to secure a pre-existing debt due by her and supplies to be advanced to her, and conveys her entire interest in the crops to be grown on the Bowman land. Nowhere in the body of the trust deed is there any reference to Barney Booth’s crops, or any intimation that he meant to convey any crops to be grown by him. True, he signed the trust deed, but there is nothing in the instalment to show that he is the husband of the grantor; but, if there were, his signing of the deed is explained by the admitted fact that certain of his individual property is
Reversed and remanded.
Reference
- Full Case Name
- Mills-Guy Company v. William H. Dickerson
- Status
- Published
- Syllabus
- Deeds. Construction. Mushand and wife. Property conveyed. A deed, naming a wife only as grantor and purporting to convey her crops to be grown, does not convey cotton grown by her husband in which she had no interest, although he signed the deed and some of his personal property was conveyed thereby.