Levy v. Gray

Citations

• 56 Miss. 318

Syllabus

<p>1. Practice. Instruction. Evidence tending to prove a fad.</p> <p>Where there is any evidence in a ease, tending to establish a particular material fact, it is error for the court to refuse to instruct the jury as to the effect of the establishment of such fact, notwithstanding the weight of the evidence may tend to disprove its existence.</p> <p>2. Married WOMAN. Acquiescence in a mortgage of her property. Estoppel.</p> <p>If an adult married woman permits her husband to mortgage her separate personal property in her presence, and remains silent as to her claim thereto, while the mortgagee takes the mortgage upon the faith of the uncontradicted statement of the husband that the property is his, she is afterwards estopped to assert her claim to the property as against the mortgagees.</p> <p>3. Same. Acquiescence and estoppel. Case in judgment.</p> <p>G., in the presence of his wife, executed a deed of trust on a mule, her separate property, to secure S. L. & Co. for supplies to be furnished. Before its execution, the deed was read to the wife, and she made no objection to it. At the same time, G. stated to S. L. & Oo. that the mule was his, and she did not dissent. On the day of the execution of the deed, the wife bought goods on the faith thereof, and continued to do so during the year. S. L. & Oo. had no knowledge of her claim to the mule until, after a breach of the conditions of the deed, the. trustee having taken possession of it, she commenced an action for the recovery thereof. Held, that by her conduct she is estopped to claim the mule as against the trustee and beneficiaries in the deed in trust.</p>