Duggan v. Champlin

Citations

• 75 Miss. 441

Syllabus

<p>1. Deeds. Signature. Delivery. Sunday law.</p> <p>A deed of trust is not void because it was signed by the debtor and his wife and dated on Sunday, when it had been drawn up and handed to him for their signatures on a secular day, and was, after signature, delivered on a secular day to the beneficiary, without the latter’s knowledge of its having been signed on Sunday.</p> <p>2. Same. Homestead. Wife’s signature. Code 1892, £ 1983. .</p> <p>No exception to the above rule is created by § 1983, code 1892, providing that no conveyance of the homestead shall be valid unless signed by the wife of the owner.</p> <p>3. CHANCERY Practice. Amendment. Dilatory application.</p> <p>An application to remand a cause to rules so that defendant may amend his answer to a bill for the foreclosure of a trust deed, aver usurious charges and demand a discovery, is made too late when the cause has been prepared and set down for hearing and is being arg'ued for the complainant.</p> <p>4. Attorney's Fee. Stipulation for, valid.</p> <p>A stipulation for an attorney’s fee is valid, and may be enforced in a proceeding to foreclose the deed of trust. securing the same. Br<0ianv. Bank, 72 Miss., 266, cited.</p>