Cummings v. Busby

Mississippi Supreme Court

Cummings v. Busby

62 Miss. 195

CourtMississippi Supreme Court

DecidedOctober 15, 1884

StatusPublished

Cited by11 cases

This text of 62 Miss. 195 (Cummings v. Busby) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cummings v. Busby, 62 Miss. 195 (Mich. 1884).

Pincite

Opinion

Campbell, C. J.,

delivered the opinion of the court.

The deed of trust executed by Busby without the joinder of his wife, as required by the statute, was not valid, and its invalidity was not cured by the subsequent removal from the homestead, whether such removal was temporary or permanent. The validity or invalidity of the deed of trust was determinable by the conditions existing when it was executed, and not by what occurred afterward.

Judgment affirmed.

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Campbell, C. J.,

delivered the opinion of the court.

The deed of trust executed by Busby without the joinder of his wife, as required by the statute, was not valid, and its invalidity was not cured by the subsequent removal from the homestead, whether such removal was temporary or permanent. The validity or invalidity of the deed of trust was determinable by the conditions existing when it was executed, and not by what occurred afterward.

Judgment affirmed.

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Bluebook (online)

62 Miss. 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cummings-v-busby-miss-1884.

Opinion

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