Hinds v. Pugh

Citations

• 48 Miss. 268

Syllabus

<p>1. Dower — general principle. — Dower, being intended for the sustenance of the wife and tbe nurture and education of tbo younger children, is much favored by law. And a statute in derogation of the widow’s common law right should be so construed as fully to protect her rights within such limitations as such statute imposes.</p> <p>2. Conveyance to secure antecedent debt. — A conveyance of lands or chattels as a security for an antecedent debt will not operate as a purchase for value. In such case the purchaser must have advanced some new consideration, relinquished some preexisting security, or done some act on the faith of the purchase which cannot be retracted. As, for example, the ceding an existing right, forbearance to sue, the transfer of a note or bill, or the like.</p> <p>3. Case at bar. — The intestate having, on a compromise with a creditor, been released from one-half his debt and got time for the payment of the other half, upon executing a deed of trust on land as security for the deferred payment; and the creditor having agreed, as a part of the compromise, to rely solely on the land for satisfaction; and the land having been sold, after the testator’s death, under the deed of trust, it was held, that the deed of trust and the sale under it amounted to a e< conveyance in good faith and for a valuable consideration ” under the statute (llev. Code of 1857, p. 467, art. 162), and that the widow was thereby debarred of dower in said lands.</p>