Moseley v. Larson

Citations

• 86 Miss. 288

Syllabus

<p>1. Husbawd and Wife. Homestead. Conveyance. Code 1893, | 1983. Failwre to join in deed.</p> <p>Under Code 1892, § 1983, so providing, a conveyance of bis homestead by a husband, in which the wife did not join, is not valid or binding, if he be living with his wife.</p> <p>3.'Same. When liming separate. Grantee’s fraud.</p> <p>Such a deed is void, even if the husband be not living with his wife, if at the time of its execution the husband was non compos mentis touching all matters, connected with and all duties and obligations owing to her and mentally incapacitated to execute the deed; and the grantee who accepts such a deed from him, paying therefor largely less than the value of the land, is himself guilty of a fraud upon the wife.</p> <p>:3. Same. Concrete case.</p> <p>Where a husband, who was insane touching the character and conduct of his wife, conveyed his homestead, worth four thousand dollars, for a consideration of five hundred dollars, in which conveyance the wife did not join, said conveyance was a fraud on th'e wife, and void.</p> <p>4. Same. Equity. Jurisdiction. Ejectment. Injunction.</p> <p>Where a conveyance of the homestead was executed by the husband when he was non compos as to all duties owing to his wife, and in fraud of her rights, a court of equity has jurisdiction to enjoin proceedings in ejectment by the grantee against her, and to cancel the deed as a fraud on her rights in the homestead.</p> <p>5. Same. Divorce. Alimony. Suit money. Insanity no defense.</p> <p>Where a husband conveys the homestead when non compos as to his duties to his wife, and in fraud of her interest, and, in a suit to enjoin an ejectment by the purchaser and to cancel the deed, the husband answers by cross-bill praying a divorce, she is entitled to suit money and to alimony, pendente lite and permanent, notwithstanding the husband’s insanity, and the sum allowed may be a lien on the homestead superior to any claim of the purchasers for reimbursement.</p> <p>6. Sam