Woods v. Campbell

Citations

• 87 Miss. 782

Syllabus

<p>Homestead. Mortgage. Failure of loife to join, liedenvption. Statutes of limitations. Oode 1892, § § 2730, 2732: Amendment. Time. Equity.</p> <p>In an action by the heirs of a grantor in a deed of trust upon his homestead, void by reason of his wife’s failure to join in its execution, to recover possession of the land from those claiming under the grantee, who took possession on foreclosure of the trust deed:</p> <p>(а) The statute of. limitations, Code 1892, §2732, prescribing a limitation for suits to redeem from mortgages, has no application, the only statute of limitation applicable being Code 1892, § 2730, barring suits after ten years where defendants have held lands adversely; and</p> <p>(б) An application to amend the answer on the ground of newly-discovered evidence, made after decree for complainants, alleging that an original defendant, as to whom the suit had been dismissed, would show that the grantor had abandoned the property as his homestead before the execution of the trust deed, and was at the time living on another place, was properly disallowed, as coming too late and because, by the exercise of diligence, defendants could have known the facts before; and</p> <p>(c) The doctrine that he who seeks equity must do equity does not require complainants to tender with their bill payment of the debt owed by the grantor, the homestead having been exempt from all debts not lawfully charged against it.</p>