Walker v. Marseilles

Citations

• 70 Miss. 283

Syllabus

<p>1. Evidence. Declarations against interest. Replevin.</p> <p>In an action to recover personal property, it is error to exclude testimony for plaintiff that the person, since deceased, under whom defendant claims title, had stated, before defendant’s claim arose, that the property was not liis, but plaintiff’s. Graham v. Busby, 34 Miss., 272.</p> <p>2. Husband and Wiee. Transfers between. Gode 1880, §1178, not retroactive.</p> <p>Section 1178, code 1880, declaring invalid all unrecorded transfers between husband and wife, does not affect transactions prior to the adoption of the code.</p> <p>3. Same. Gift in another state. Conflict of laws.</p> <p>A statute of Alabama, under which an unrecorded transfer between husband and wife, though good as between the parties, is void as to creditors and purchasers, cannot have any operation as to transactions made after removal o.f the parties and property to this state.</p> <p>4. Personal Property. Purchase by wife. Payment by husband. Title.</p> <p>The title of the wife to personal property bought by her is not affected by the mere act of her husband in afterward giving his note for the purchase-money, and paying it out of the proceeds of crops grown on his land.</p>