Cummings v. Busby

Citations

• 62 Miss. 195

Syllabus

<p>Deed oe Trust. Conveying homestead. Nonjoinder of wife. Subsequent removal.</p> <p>The invalidity .of a deed of trust on an exempt homestead, resulting from, the non-joinder therein of the wife of the owner (§ 1258, Code 1880), cannot he cured by the family’s subsequent removal, temporary or permanent, from such homestead. The conditions existing at the time of the execution of the instrument determine its validity or invalidity, which cannot he affected by subsequent events.</p>