Yazoo Lumber Co. v. Clark
Yazoo Lumber Co. v. Clark
Opinion of the Court
delivered the opinion of the court.
The very ingenious and able legal argument made by learned counsel for appellant on direct appeal cannot prevail on the testimony in this record, under the decisions of this court touching the invalidity of a deed to a homestead by the husband, not joined in by the wife. The deed executed to the homestead by the husband, H.' H. Breeland, was a nullity, the wife not having joined therein.- On the direct appeal the ease is affirmed.
On the cross-appeal, reluctant as we are to disturb the finding
Affirmed on direct appeal; reversed on cross-appeal.
Reference
- Full Case Name
- Yazoo Lumber Company v. Alice B. Clark
- Cited By
- 10 cases
- Status
- Published
- Syllabus
- 1. Homesteads. Husband's conveyance. Non-joinder of wife. Code 1892, § 1983. Code 1906, § 2159. Under Code 1892, § 1983, Code 1906, § 2159, so providing, a deed to his homestead, executed by a husband alone, is ineffectual to convey title. 2. Estoppel. Knowledge of facts. Estoppel cannot be predicated of declarations touching an interest in property made in ignorance of the declarant’s rights.