Harding v. Cobb

Citations

• 47 Miss. 599

Syllabus

<p>1. Married women — rower oyer their separate estate. — Unless the statute or the deed, or other instrument under which a feme covert takes and holds her property, prescribes a mode of disposition, she has absolute dominion over it, and deals with it as a feme sole.</p> <p>2. Same — personalty and ohoses in action. — She is not restricted in disposal of her personalty, and may, as payee, by indorsement, transfer completely the legal and beneficial title to a promissory note.</p> <p>3. Parties — misjoinder op plaintipps. — Where the wife, by indorsement, transfers the legal and beneficial interest in a promissory note drawn payable to order, it is a misjoinder of plaintiffs to unite her and her husband with the assignee in an action on the note ; aliter if the assignee had taken but an equitable interest in the note.</p> <p>4. Same — pleading.—A misjoinder of plaintiff, if it appear on the face of the bill, is demurrable, and, if not, may be pleaded.</p>