Barksdale v. Learnard

Citations

• 112 Miss. 861
• 73 So. 736

Syllabus

<p>1. Vendor and Ptxrchasek. Innocent purchaser. Record notice.</p> <p>A purchaser of land is not charged with constructive notice of the recitals of deeds of trust thereon which do not appear in his chain of title.</p> <p>2. Vendor and Purchaser. Innocent purchaser. Duty of inquiry.</p> <p>That a purchaser of land had actual knowledge of a deed of trust thereon, imposed upon him no duty of inquiring into the state of the title, other than that with which he was charged by reason of such deed of trust being of record.</p> <p>3. Tenancy in Common. Acquisition of superior title.</p> <p>Where one cotenant purchases an outstanding superior title to the common property, he acquires thereby the legal title to the whole of it, but holds such title in trust for the benefit of those of his eotenants who may wish to avail themselves of it by contributing or offering to contribute their proportion of the purchase money, which right, as between him and his cotenant, will not be barred by mere lapse of time, but only when the delay to assert it, is accompanied by circumstances which give rise to an estoppel.</p> <p>4. Vendor and Purchaser. Innocent purchaser. Undisclosed trust.</p> <p>A bona-fide purchaser from one having the legal title, takes it free from a trust for a cotenant of the seller when the purchaser had no actual or constructive notice of such trust.</p> <p>5. Vendor and Purchaser. Innocent purchaser. Equity of infant.</p> <p>An infant having an equity in land has no better standing that an adult, as against an innocent purchaser of the land from one having the legal title.</p> <p><6. Vendor and Purchaser. Innocent purchaser.</p> <p>A purchaser from an innocent purchaser stands in the position of an innocent purchaser, irrespective of notice.</p>