48 So. 177 | Miss. | 1909
delivered the opinion of the court.
While it is true that the husband signed and acknowledged the deed conveying the homestead in September, and the wife’s signature and acknowledgment bear date of the May following, yet both signed the same instrument in furtherance of an intention to which there was manifestly a common and contemporaneous assent. The case is totally unlike Duncan v. Moore, 67 Miss. 136, 7 South. 221, in which case the alleged assent of the wife was evidenced by a separate deed of conveyance, executed by the wife subsequently to the husband’s deed, and made without the husband’s consent. In the case before us the wife signed with full knowledge and consent of the husband, and this is surely sufficient.
There being' no satisfactory evidence of estoppel, the legal title must prevail, and it is clearly shown to be in the appellees.
Affirmed.