Bell v. Flaherty

Citations

• 45 Miss. 694

Syllabus

<p>1. Execution sale—bights op the purchaser. — A purchaser at execution sale, under a judgment at law, takes the interest which the debtor has in the lands, at the date of judgment, subject to prior equities.</p> <p>2. Vendor and vendee—interest op the vendor, where the vendee in possession holds A bond por title.—Where a vendee goes into possession of lands holding a bond for title, on making a deferred payment, the vendor holds the legal title as trustee, to convey to the vendee on his making such payment.</p> <p>3. Notice—eppeot op possession under a title bond.—Where possession accompanies a bond for title, it is unnecessary to record the bond, because the possession of the vendee is sufficient notice to put third parties on inquiry as to his title.</p> <p>4. Circuit court — evidence—title bond, when admissible.—Plaintiff put in evidence a judgment, execution and purchase at sheriff’s sale, defendant offered a bond for title made by the defendant in execution, under which plaintiff claimed, prior in date to the judgment, accompanied with the facts, that he had gone into possession under the bond, and afterward received a deed, made in pursuance of the bond, after the last payment: Held, the bond was properly admitted.</p> <p>5. Supreme court —practice — what objections considered on writ op error.—Where a caséis brought up, on the refusal of the court below to grant a new trial, the supreme court is confined to the objections stated in the motion for a new trial.</p>