Bowden v. Gray

Citations

• 49 Miss. 547

Syllabus

<p>1. Makkmsd WomSS — Phogeeds oE Eabob.^A- crop of cotton grown by the joint labor of husbaná and wife, in 1861-, belongs to the husband, and a suit by the wife to recover the coiton after the death of the husband, is concluded by the Code of 1857, p. 335, § 6, art; 23-82, and is not governed by the Code of 1871, § 1778, which secures to the wife “ the fruits of her personal service.”</p> <p>2. CoSTBAOT OE SALE — DlSOIVEES OE DeESOAALTY — GENERAL RULE — CASE IN JttDOment. — Where cotton was raised on the land of the husband, and by the joint labor of the husband and wife, and the wife was to have one bale of the cotton, and that bale was never separated from the other bales of the crop, the rule is substantially this, that where anything remains’to be done by either or both the partiei precedent to the delivery, the title does not pass ; provided, such remaining act*1 were elements of title. When the property lias been delivered, if anything remains to bo done by the terms of the contract before the sale is complete, the property still remains in the vendor.</p>