Hill v. Bugg

Citations

• 52 Miss. 397

Syllabus

<p>1. Married 'Women: Separate property. Mortgage.</p> <p>Where the husband’s property is sold under a mortgage executed in good faith, and is purchased by the- wife, it becomes her property, provided she made the payments with her own money. If any part of the money belonged to her husband she will be treated as a trustee of the legal title pro tanto for the benefit of his creditors. The husband cannot consider himself debtor to the wife when the law does not so regard him, and convey his property to her as against his creditors. He cannot waive any defense with which the law clothes him. in favor of his wife as against his creditors.</p> <p>2. Samis : Code of 1857, art. S8, p. 837. Code of 1871, \\ 1790.</p> <p>The proviso to art. 28, p. 337, of Code of 1857 (reenacted in Code of 1871, (i 1790), ■which provides that “neither the husband nor his representatives shall be liable to account to the wife or her representatives for the rents, profits, or income of her separate estate, after the expiration of one year from receipting the same,” does not bar the wife’s claim if not asserted in one year, but limits the time during which the husband’s receipt of the rents, profits, or income shall charge him.</p>