Duncan v. Moore

Citations

• 67 Miss. 136

Syllabus

<p>1. Homestead. Encumbrance. Joint assent of husband and wife. Code 1880, § 1258.</p> <p>Contemporaneous assent of husband and wife, if living together, is essential to an encumbrance of the exempt homestead under code 1880, § 1258. A trust deed thereon by the husband alone, though he owns the property, is void and will not be validated by a subsequent conveyance from the wife to the creditor. What would be the effect of such separate conveyance if made by direction or consent of the husband is not decided.</p> <p>2. Chancery, Cancellation.. Complainant must do equity.</p> <p>The owner of a homestead, who, to secure a debt he owes, has given a trust deed thereon which is void because not signed by his wife, cannot in equity have cancellation without offering to pay the debt.</p>