Shacklett v. Polk

Citations

• 51 Miss. 378

Syllabus

<p>1. Contracts: Construction thereof.</p> <p>The general rule is that tbe validity of a contract depends upon the law of the place where made, but that the parties might refer to the law of the place where it was to be performed for the rule to govern it. A contract, although void by the law of another state, yet if made with reference to and for the benefit of property here, would be enforced here.</p> <p>% Same : Married woman: Separate property.</p> <p>A married woman, owning a plantation in this state, although resident in another state, may make a contract for its improvement, support of laborers, services of an agent, etc., which the courts of this state would enforce against her property, although such contract may be void by the law of the place where made.</p> <p>3. Feme Covert: Separate estate: Power to incumber sarnie.</p> <p>Our statute, in reference to the separate property of married women, relates to such property in this state, and not to the domicile of the married woman, especially as to real estate employed in agriculture; she holds it with all the rights defined by statute. Our statute does not require that there should be an agreement with the creditor that her property should be charged with the debt, as do the laws of Tennessee.</p> <p>4. Contracts : When void on account of the late war.</p> <p>The late war was territorial, and ipso facto impressed a hostile character upon the people and property of the insurgent states. The status of a person was fixed by his residence, and intercourse, commerce and business between persons of the different sections became illegal and void, and goods carried across the interdicted lines became subject to forfeiture. But where parties contracted within the lines of the United States forces, to come into an insurgent state to gather a crop of cotton and transport it into the United States, and provided in such contract that clearances, licenses or permits are to be obtained for the purpose, it is evident that