Chapman v. Hughes

Citations

• 61 Miss. 339

Syllabus

<p>1. Guardian and Ward. Marriage of male ward. Act of November 26,,18B1, consti'ued. By the Act o-f November 26,1821, providing for the delivery of the estate on the marriage of the ward, “to the ward or to the husband as the case may require,” both male and female wards were meant. Since in view of the husband’s marital rights at the time of the passage of the act, in no case could there have been a delivery of the estate to a female married ward.</p> <p>2. Infants. Marriage of male. Power to contract.</p> <p>Though by marriage a male infant is not emancipated from all the disabilities of infancy, nor enabled to contract generally as an adult might, yet the scope of his necessities is enlarged, and though the capacity to contract is still limited to the purchase of things necessary, what is included within these limits is increased.</p> <p>3. Same. Necessaries.</p> <p>The necessaries for a single infant are those which pertain to him individually; those of a married infant are such as pertain to himself and family; and those of a married infant to whom the law has intrusted his estate are such as pertain to himself, his family, and his estate.</p> <p>■4. Voluntary Conveyance. Prior and subsequent debts. Judgment embracing both.</p> <p>A creditor whose judgment is rendered upon a debt, part of which was contracted prior and part contracted subsequent to the date of a voluntary conveyance of the land which he seeks to subject to the payment of his debt, will not be treated as a subsequent creditor for the whole debt, and .thus be made to lose a valid demand. Edmunds v. Mister, 58 Miss. 765, .approved.</p>