Scott v. Scott

Citations

• 73 Miss. 575

Syllabus

<p>1. Husband and Wife. Homestead. Wife driven from home. Coiweyance by husband. Statute construed. Code 1892, g 1893.</p> <p>Under $ 1893, code 1892, declaring invalid all conveyances and incumbrances of-the homestead, “unless signed by the wife of the owner, if he be married and living with his wife,” a husband who has driven his wife from his home and refuses to permit her to return, cannot lawfully convey the premises to a third person, the wife not joining in the conveyance, for the law will not suffer the husband to acquire by his wrong what the statute has denied to him.</p> <p>2. Same. Right and remedy of wife. EqyAty pleading. Alimorvy.</p> <p>A wife has, under $ 1893, code 1892, only a veto power in respect to conveyances of the homestead, and cannot, for lack of an estate in the land, maintain a bill, the sole object of which is the cancellation of the husband’s deed in which she did not join; but where her bill states facts that disclose a right to alimony, she will be treated as having shown an interest entitling her to attack the conveyance, and may be awarded alimony under her prayer for g'eneral relief.</p> <p>3. Same. Divorce not sought. Allowance of alimony.</p> <p>Alimony may be decreed upon a bill by which no divorce is sought. Garland v. Garland, 50 Miss., 694; Vemer v. Verner, 62 lb., 260; McFarland v. McFarland, 64 lb., 240, cited.</p>