Gresham v. King

Citations

• 65 Miss. 387

Syllabus

<p>1. Estate in Entirety. Whether Section 1197, Code 1880, has a retroactive effect.</p> <p>Section 1197, Code of 1880, which provides that a conveyance of land to a husband and wife shall he construed to create an estate in common, and not in joint tenancy or entirety, unless it shall manifestly appear that it was intended to create an estate in joint tenancy, with the right of survivorship, does not apply to estates created before its passage, because there is no indication of a legislative purpose to so apply it.</p> <p>2. Same. Meld prior to enactment of Section 1197, Code 1880. Section 1167, Code 1880, considered.</p> <p>And where an estate was conveyed to K. and his wife jointly in 1877, and the wife died in 1881, the whole estate then vested in K. as survivor, unaffected by the statute above referred to, which went into operation in 1880. Nor is this result affected by Section 1167, Code of 1880, which removed the common law disabilities of married women.</p>