Montgomery v. Scott

Mississippi Supreme Court

Montgomery v. Scott

61 Miss. 409

CourtMississippi Supreme Court

DecidedOctober 15, 1883

StatusPublished

Cited by4 cases

This text of 61 Miss. 409 (Montgomery v. Scott) 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

Montgomery v. Scott, 61 Miss. 409 (Mich. 1883).

Pincite

Opinion

Cooper, J.,

delivered the opinion of the court.

The object of § 1178 of the Code of 1880 was to prevent the [411]*411introduction of parol proof to establish either the existence of a contract of sale between husband and wife, or the fact that other persons had notice of such sales or transfers. A sale or transfer not made in the manner prescribed and recorded as is provided by said section is invalid. Nothing can be substituted as equivalent to the thing required by the statute to be done.

Judgment reversed.

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Cooper, J.,

delivered the opinion of the court.

The object of § 1178 of the Code of 1880 was to prevent the [411]*411introduction of parol proof to establish either the existence of a contract of sale between husband and wife, or the fact that other persons had notice of such sales or transfers. A sale or transfer not made in the manner prescribed and recorded as is provided by said section is invalid. Nothing can be substituted as equivalent to the thing required by the statute to be done.

Judgment reversed.

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Bluebook (online)

61 Miss. 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-v-scott-miss-1883.

Opinion

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