Smith v. Scherck

Citations

• 60 Miss. 491

Syllabus

<p>1. Homestead Exemption. Right of wife in respect thereto. Act 1873, p. 78, construed.</p> <p>The act of 1873, p. 78, which provides that no conveyance of his homestead by the husband shall be valid unless the wife joins in the conveyance, confers no right of property upon the wife in the homestead exemption in lands belonging to the husband, but gives her a mere veto power upon his right to sell or encumber it. Billingsley v. Neblett, 56 Miss. 537, approved.</p> <p>2. Same. Statute of Limitations. Husband and wife. New promise.</p> <p>“Where a wife joins with her husband in executing a deed of trust on the homestead belonging to the husband to secure a debt due by him, a new promise in writing, by him alone, made before the bar of the Statute of Limitations has attached, operates to prevent such bal, and to give a new period for both the debt and the security to run; and the concurrence of the wife in such new promise is not required by the act above referred to.</p>