Grisham v. Lutric

Citations

• 76 Miss. 444

Syllabus

<p>1. Statute oe Frauds. Code of 1892, l 4225c. Third parties. Collateral-controversy.</p> <p>If the parties to a contract, voidable under the statute of frauds at-the election of either, do not repudiate it, third persons having no interest in it cannot question its validity in a collateral controversy.</p> <p>2. Same. Defense personal.</p> <p>The statute of frauds as a defense is personal to the parties to the-contract, and is not available to a stranger in a collateral proceed' ing.</p> <p>3. Sale. Mortgage of crops.</p> <p>One who has verbally leased lands for three years, who intends to-enter thereon and cultivate the premises during the coming year,, and who afterwards does so enter and cultivate, may, before actual entry, execute a valid deed of trust or mortgage upon the crops to be grown on the premises during the coming year.</p>