Johnson v. Jones

Citations

• 51 Miss. 860

Syllabus

<p>1. Chancery Practice: Appeals.</p> <p>The chancery clerk cannot grant an appeal from a decree overruling a demurrer. Suck an appeal must be granted by tbe chancellor, and during the term. If granted by the clerk, such an appeal is absolutely void.</p> <p>2. Married Women: Conveyances thereto. Effect thereof.</p> <p>A vendor who has sold and conveyed land to a married woman, reserving a lien in the deed or having a vendor’s lien, is entitled to have the title, vested in her by the conveyance, divested by a sale to meet the charge upon it. And the vendor, by bond for title or contract to convey, is entitled to call on the feme covert to fulfill the contract or disaffirm it. And if she will not fulfill, the court will rescind it and cancel the obligation of the vendor to convey, or decree the land to be sold.</p> <p>3. Same : Difference between a conveyance to a married woman and bond for title.</p> <p>The difference between a conveyance to a married woman, whereby title is vested in her, and a bond for title or contract to convey, is, that the latter being executory, she cannot be compelled to accept a deed under a contract, though she might enforce one under it; the former being executed and the title vested in her, she holds it subject to all its incidents.</p> <p>4. Same : Purchase of lands on credit.</p> <p>Neither under a conveyance of title to a married woman, nor a contract to convey, where the vendor is able to convey, is she entitled to have refunded to her any cash payment she may have made. In paying cash, she simply exercised an unquestionable right under the statute. All contracts of purchase of lands on credit of a married woman are void as to any compulsion of performance by her, but valid as to all else.</p> <p>5. Same: Decree for sale for unpaid purchase money. Effect thereof.</p> <p>Where land is sold under a decree for unpaid purchase money, due by a married woman, she is entitled to any excess of the proceeds of the sale over the payment oí the