Gulf & Ship Island Railroad v. Singleterry

Citations

• 78 Miss. 772

Syllabus

<p>1. Homesteads. I-Iusband and wife. Railroads. Right of way. Code 1892, 1 1983.</p> <p>A deed executed by the husband alone, who is living with his wife, purporting to convey to a railroad a right of way over his homestead, is void under code 1892, $ 1983, providing that a conveyance, etc., of the homestead exempt from execution, shall not be valid unless signed by the wife of the owner, if he be married and living with his wife.</p> <p>2. Same.</p> <p>Such a deed is no defense to an action of trespass guare clausum fregit by the husband and wife against the railroad for entering and taking the right of way.</p>