Chatman v. Poindexter
Chatman v. Poindexter
Opinion of the Court
delivered the opinion of the court.
Gabe Poindexter, now deceased, being the owner of the land in controversy, to-wit, the south half of the northwest quarter of section thirty, township twenty, range two east, in Leflore county, Mississippi, executed and delivered to Amanda Poindexter the following deed: ‘‘ In consideration of labor done and performed by Mandy Poindexter, my wife, and Ellen Chatman, Walter Chat-man, and Gabe Chatman, and the further consideration of ten dollars in cash paid, I grant, bargain, sell and convey to said above-named parties one-half of the south half of the northwest quarter of section thirty, township twenty, range two east, in Leflore county, Mississippi. ’ ’ Amanda Poindexter was the wife of Gabe Poindexter, and Ellen Chatman, Walter Chatman, and Gabe Chatman, appellants herein, were Amanda’s grandchil
It may be, as contended by appellee, that this deed, in so far as it conveys an interest in the land to the wife, is valid, as to which we express no opinion; bnt, in so far as it attempts to convey any interest in the land to appellants, it is void under the provisions of Sec. 2159 of the Code of 1906, which provides that a conveyance of the homestead shall not be valid unless signed by the wife, or the owner, if he be married and living with his wife. The purpose of this statute cannot be defeated by merely joining the wife as one of the grantees in a deed to the homestead.
One of appellants’ contentions is that the deed was executed in payment of the claim of appellants against Poindexter for “labor done and performed,” and that consequently, under the provisions of Sec. 2156 of the Code, the land in controversy was not exempt from execution, and that, therefore, it was unnecessary for the wife to sign the deed in order for the same to be valid. Section 2159 contains no such exceptions as this. Conceding for the sake of the argument, but not deciding that a sale of a homestead under an execution issued
Suggestion of error filed and overruled.
Reference
- Full Case Name
- Gabe Chatman v. Amanda Poindexter
- Cited By
- 1 case
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- Syllabus
- 1. Homestead. Conveyances. Validity. Code 1906. Sec. 2159-2156. A conveyance of the homestead by the husband living with his wife thereon, to the wife and other grantees is under Code 1906, Sec. 2159, so providing invalid as to the grantees therein other than the wife unless signed by the wife. 2. Same. The fact that such deed was executed in payment of a claim against the grantor for labor “done and performed” and that un-, der Sec. 2156, Code 1906, the land conveyed was not exempt from execution, does not dispense with the necessity of the wife’s signature to the deed.