41 So. 369 | Miss. | 1906
delivered the opinion of the court.
This was an original bill, not a bill for review, and, if its allegations are sustained, the grossest possible fraud on the part of appellee will be shown. There was no res adjudicaba as to the rights of the wife in the homestead, growing out of the decree in the original suit, since she was not made a party to that suit. The authorities cited by learned counsel for appellee on this point have no application. The case of Pounds v. Clarke, 70
In the case of Larson v. Reynolds & Packard, 13 Iowa, 579 (81 Am. Dec., 444), it is also expressly held that the wife is not estopped "by a decree foreclosing a mortgage on a homestead executed by the husband alone, and that she cannot be ousted from possession by sale made under such a decree. And the
- The plain purpose of our statute on this subject was to protect
The decree is reversed, the demurrer overruled, and the cause remanded, with leave to answer within thirty days from the filing of the mandate in the court below.