McDonald v. Sanford

Citations

• 88 Miss. 633
• 41 So. 369

Syllabus

<p>Homesteads. Husband and mfe. Encumbrances. Cancellation. Injunction.</p> <p>Where a husband alone executed a writing evidencing an equitable mortgage on lands and the mortgagee, charging that the lands were not a homestead, sought and obtained a decree enforcing the lien without making the wife a party to his suit, the husband and wife may enjoin its execution by showing that^(Code 1892, § 1983) the land was their homestead, and that they were living together thereon when the writing was executed. Pounds v. Ciarlo, 70 Miss., 263 (s.c., 14 South. Rep., 22), overruled.</p>