The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-10-13
NJ. MCLAUGHLIS, ct al,
v. No. 1926.

NJ. MCLAUGHLIS, ct AL,
MARY f. SPENGLER, ct al
Appeal from the Chancery Court of Hind
County. Hon. +. c. Peyton, Chancellor.
Mclaughlin executed note, secured b.
mortgage. to Smith. who endorsed it to Mrs
Spengler, a married woman.
The statute of limitations was held rs
defense to a foreclosure suit, because o
compliments coverture.
The opinion is given in full.
CAMPBELL, j.
The new promise was made to Mrs. Speng-
Ter, married woman at the time Of the
PROMISE and who continued such, and was
IA married woman at the time of exhibiting
her bill. The statute of limitations did not
run against her after the new promise.
This is the express pro vision of Code 1877 i,
/ 2l56, and we are not authorized to dIsre-
/ gard it or explain it away, however decided
may be the conviction that, with the inves-
/ titure of married women with all the rights
I Of property and remedies possessed by per-
sons sal juris, they should not have been in
cluded among those saved from the bar of
4 the statute for the limitation of actions.
We have examined the cases cited by
counsel from the reports of decisions in
other States on this subject, but feel bound
by the unmistakable statutory declaration
that persons under converture shall not be
subject to the operation of the statute of
limitations. This is part of the code of
statutes which confers rights and remedies
on married women, and can no more be
ignored or set aside than can that part of
the Code which declares their rights and
remedies 1firmed.
Nugent & Melville, for appellant.
Shelton < Shelton, contra.
To be reported, 81 Miss. 81S.l
HEAD NOTES OF CASES REPoRTD IN 9TH
F;lssIssIPPI
GEORGE NJ. KLEIN,
GEORGE p. RECTOR
Error to the Circuit Court of Warren
County, Hon. Upton NJ. Young, Judge.
l. SALE. Recession By seller. Fraudulent
misrepresentation.
Misrepresentation by the buyer of goods
as to his sOlvency, unless known by him to
be untrue, and acted on by the seller under
the belief Of their truth engendered there |
by, will not enaoie the latter to rescind a
sale.
2 SAME. Reclamation. Time and means. |
II the buyer never had any reasonable |
expectation of paying for the goods, the |
seller may reclaim them at any time before |
third persons rights intervene, and by any |
means short Of breach of the peace.
3. SANE. Representations Of sotyency-.S06-
sequent failure.
Goods sold ana delivered to a buyer, upon
the statement of his son that he i solvent,
can not be reclaimed, although he soon af- !
forwards fails and makes assignment for
the benefit of his creditors.
4. SANE. RECESSION by agreement. Re,de-
iiUey.
In order to revest the property in the seller
On RECESSION by mutual agreement, delivery
ana acceptance are as essential as in the
original sale.
5. SANE. acceptance. Rights q third
persons
Pointing out barrels said to contain IL
Iuor is not sufficient delivery to complete
.he reeiGioE of the contract AS against the
buyers assignee, SLo obtains possession
before the seller accepts them.
Opinion by Chalmers, j.
Judgment reversed, and demurrer of de-
endant to the evidence sustained.
Shelton & Crutcher, for plaintiff in error.
Pittman, Pittman & Smith, contra
81 Miss, 538.