Travis v. Dantzler, 42107
| Citation | 244 Miss. 360,141 So.2d 556 |
| Decision Date | 28 May 1962 |
| Docket Number | No. 42107,42107 |
| Parties | R.K. TRAVIS et al. v. Toy DANTZLER et al. |
| Court | Mississippi Supreme Court |
J.M. Travis, Heidelberg, Snow, Covington, Shows & Watts, Meridian, for appellant.
McFarland & McFarland, Bay Springs, for appellee.
In 1906, Toy Dantzler purchased twenty acres of land in Jasper County. In 1907 he was married to Mary Jones. Since their marriage to the date of the trial of this case he and his wife have occupied the twenty acres acquired in 1906 as their homestead. In 1939, Toy, without joinder of his wife, conveyed to R.K. Travis and J.E. McMullan three-fourths of the oil, gas and other minerals in, on and under said lands for the sum of $15.
Subsequently conveyances were made by the grantees in such mineral conveyance. J.E McMullan died before the filing of this suit.
On May 28, 1959, Toy Dantzler and wife Mary filed suit in the Chancery Court of the First Judicial District of Jasper County against R.K. Travis, the heirs of J.E. McMullan, and certain other interested parties for the cancellation of the mineral deed aforesaid and such subsequent conveyances because the said minerals were conveyed by the husband without the joinder of the wife and alleging that same was void because of our homestead statutes, and particularly Section 330 of the Code of 1942. After hearing, the chancellor granted the relief sought by the complainants, and as to certain of the defendants rendered judgment against certain of the codefendants because of breach of warranty. R.K. Travis and heirs of J.E. McMullan appeal from this decree.
The principal questions involve the applicability of our ten-year statutes of limitation, Sections 709 and 710, Mississippi Code of 1942, and laches and estoppel.
By the provisions of said Section 330 a conveyance, mortgage, deed of trust, or other encumbrance upon the homestead is not valid unless signed by the wife of the owner. Such a conveyance is void. Yazoo Lumber Co. v. Clark, 95 Miss. 244, 48 So. 516; Young v. Ashley, 123 Miss. 693, 86 So. 458; Hughes v. Hahn, 209 Miss. 293, 46 So.2d 587; Thompson v. Dyess, 218 Miss. 770, 67 So.2d 721.
Appellants seek to invoke the rule announced in Aultman v. Kelly, 236 Miss. 1, 109 So.2d 344, and similar cases.
However, it is recognized that the possession of the complainants must be invaded either actually or constructively before the ten-year statute is set in motion. A voidable deed such as was involved in the Aultman case carries with it constructive possession. A void deed carries with it no possession. Those facts are recognized and the distinction between the lines of cases involving this issue is discussed and shown in the case of Neal et ux. v. Teat et al., 240 Miss. 35, 126 So.2d 124. So with the deed in the instant case being void, the ten-year statutes above mentioned do not apply.
As to laches and estoppel, the deed being void and the possession of the homestead not having been...
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In re Ramsey
...Lumber Co. v. Clark, 95 Miss. 244, 48 So. 516 (1909); Stringer v. Arrington, 202 Miss. 798, 32 So.2d 879 (1947); Travis v. Dantzler, 244 Miss. 360, 141 So.2d 556 (1962); Thornhill v. Caroline Hunt Trust Estate, 594 So.2d 1150 (Miss.1992); Thurman v. Thurman, 770 So.2d 1015 (Miss.Ct.App.2000......
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