McKenzie v. Shows

Citations

• 70 Miss. 388

Syllabus

<p>Homestead. Sale of trees. Joinder by wife. Code 1880,£1258. 1.</p> <p>Growing trees are part of the realty. Hence, a conveyance by a husband of all the merchantable timber on his homestead, with an indefinite time for its removal, is an incumbrance of such homestead, and void if the wife does not join. So held where the sale of the timber would reduce by one-half the value of the homestead. Code 1880, § 1258; Harrell v. Miller, 35 Miss., 700.</p> <p>Conveyance of Homestead. Failure of wife to join. Effect.</p> <p>A conveyance of his homestead by a husband, without his wife’s joinder, does not pass an estate in expectancy to vest when the land ceases to be a homestead. It conveys no estate whatever.</p>