Walton v. Walton

Citations

• 76 Miss. 662

Syllabus

<p>1. Homestead. Conveyance by wife. Code 1892, 1 1985. Husband living 'with wife. Abandonment.</p> <p>A husband is living with his wife within the meaning of code 1892, l 1985, declaring the deed of the wife alone to her homestead invalid if the husband be living with her, unless he has ceased to live with her with intent never to return.</p> <p>2. Same. Tenipora/ry absence. Code 1892, § 1985.</p> <p>A husband, under pecuniary difficulties, may absent himself from his wife and home, in an effort to better provide for himself and family, without ceasing to live with his wife, within the meaning of the statute, if he entertains the intent to return as soon as circumstances will reasonably permit.</p> <p>3. Same. Intent to return conditional. Code 1892, $ 1985.</p> <p>In such case the husband’s absence is not within the meaning' of the statute, even if his intent to return be subject to a purpose of having his wife join him should it develop that they can better their condition by removing from the homestead, securing another elsewhere.</p>