McDuff v. Beauchamp

Citations

• 50 Miss. 531

Syllabus

<p>1. Married Women — Separate Property — Mortgages Thereof. — It is well settled in this state that the power of a married woman to mortgage her separate estate_ is limited to securing those debts which she is permitted, under the statute, to incur, and for the separate debts of her husband; but, in this case, only to the extent of the income. Yiser v. Scruggs, 49 Miss., 713. A mortgage on the wife’s separate property to secure a note made by husband and wife, is valid as to the income, under § 23, Code 1857, p. 336.</p> <p>2. Conveyance to Husband and Wife — Effect Thereof. — A conveyance to a husband and wife jointly creates an estate of entirety. It does not make them joint tenants or tenants in common, under the statute. Both are seized of the entirety, and have none of the incidents of co-tenancy. Neither can alien without the consent of the other, and the survivor takes the whole.</p> <p>3. Estates of Entirety — How Created, etc. — A conveyance that would create a joint tenancy in others, makes husband and wife tenants of the entirety. Such estates exist in this state as at common law, and were not abolished by art. 18, Code 1857, p. 309. Such estates are not affected by the statutes for the preservation and protection of the separate estates of married women, and tbe marital rights therein exist as at common law. As they can be alienated in fee by a joint deed of husband and wife, so they can be incumbered in the same way.</p> <p>4. Suits by Officers — Heviyal Thereof. — Although there is no statute in this state authorizing a suit brought by an officer to be prosecuted in the name of his successor, yet it has long been the practice in this state to allow it. A change in the incumbent of an office, pending the suit, does not abate the suit and make it necessary to begin do novo, if the successors are charged with the same duties.</p> <p>5. Same — Superintendents oe Education. — The duty of collecting school funds devolves by law upon county superintendents.