Belt v. Adams

Citations

• 125 Miss. 387
• 87 So. 666

Syllabus

<p>1. Judgment. Filing bill to cancel title acquired under vendor’s lien foreclosure held a direct and not a collateral attack.</p> <p>Where a j^ill was filed to cancel a title acquired under a vendor’s lien foreclosure suit in which it was alleged that such judgment was void for many reasons set forth in the hill, and where the former pleadings and proceedings were attached as. exhibits to the bill, and where it was alleged that the complainants, who were minor defendants in the former suit, did not have notice in said former suit, such attack is a direct attack and not a collateral attack, although the complainant in the former suit was not made a defendant in the last suit; it being alleged that the complainant in the former suit was paid in full before the. decree was rendered in the first suit.</p> <p>2. Paeties. Nonjoinder of party defendant to be raised by plea, and not by demurrer; plea should suggest party to be joined and necessity therefor.</p> <p>In such case the nonjoinder of a party should be raised by plea and not by demurrer. The general rule is that the nonjoinder of 4-party is to he raised by plea suggesting the party to be made a defendant and the necessity for the party omitted to be joined.</p> <p>3. Executors and Administrators. Purchase by executor at sale of property of testator to pay debts invalid unless unreasonable delay in assertion of rights.</p> <p>Where an executor is charged under the will of the testator with the duty of paying debts, and who, having funds to pay the debts, permits the property to be sold, and buys at such sale, neither the executor nor those buying with notice of such facts will be permitted to hold such property against those entitled thereto, unless after notice of such sale there is unreasonable delay in asserting such right to set aside the sale.</p> <p>4. Vendor and Purchaser. Wills. Foreign will ineffective as con-' veynnce until probated, when it relates back; purchaser with, notice of will takes subject to