McKenzie v. Donald

Citations

• 61 Miss. 452

Syllabus

<p>1. Dower. Unallotted,. Assignable by contract.</p> <p>While unassigned dower is not vendible under a fi.fa., it may be assigned by contract, and a court of equity will always enforce such a contract for the benefit of a purchaser.</p> <p>2. Same. Eights of mortgage creditors.</p> <p>Mortgage creditors of the widow have the right to subject her interest, whatever it may be, in the land mortgaged, and may proceed by appropriate proceedings in chancery to have her dower assigned her, and then to appropriate it to their demands.</p> <p>3. Same. Encumbering estate by widovi. Minors’ interest.</p> <p>Where the widow entitled to dower has encumbered the whole estate of her deceased husband, only her interest can be reached by the mortgage creditors, a,nd the interest of the minor children is unaffected by the transfer.</p> <p>4. Personal Estate. Purchase of realty. Widovis right. Case in judgment.</p> <p>A widow being executrix of her husband’s estate takes land in settlement of a note due her deceased husband. Held, that being entitled to a half interest in the note in fee, the widow took the same estate in the land for which it was exchanged.</p>