Underwood v. Ainsworth

Citations

• 72 Miss. 328

Syllabus

<p>1. Husband and Wife. Lease betiveen. Recording. Code 1893, §$ 3393, 3294. Section 3394, code 1893, providing that no transfer of lands or chat- . tels between husband and wife shall be valid as to third persons, unless the conveyance be in writing' and recorded, applies only to transfers of property. It does not include a lease of land between husband and wife; this is regulated by g 3393 of the code, under which the lease, though, not recorded, is g'ood as to persons who have notice of the same.</p> <p>3. Same. Lease betiveen husband and wife. Validity. Notice. Code 1893, l\\ 3393, 3394.</p> <p>Under $$ 3393, 3394, code 1893, if one who takes a trust-deed from the husband covering- the crops grown on land leased by him, has actual notice that the wife has subleased a part of the land, though by parol, the trust-deed will not affect the crop of the wife grown on the subleased land.</p> <p>3. New Tbial. Surprise. Diligence.</p> <p>A motion for a new trial, on the ground of surprise, will notbe granted merely on the showing that a witness f :r the opposite side has testified to important facts not previously disclosed and not alluded to in his testimony on a former trial, he not being questioned as to the discrepancy, and there being no effort to impeach or contradict him by proof that he had not delivered the same testimony as on the former trial.</p>