Bentley v. Callaghan's

Citations

• 79 Miss. 302

Syllabus

<p>1. Tenaktts in Common. Statutes of limitations. Code 1892, gg 2730, 2734. Adverse possession.</p> <p>The possession of a tenant in common of lands is not adverse so as to put the statutes of limitation (code 1892, gg 2730, 2734) in operation against his eotenants without notice to them of an adverse holding and such an intent to oust them as would justify them in proceeding against him by ejectment.</p> <p>2. Same. When adverse.</p> <p>The possession of a tenant in common is never adverse until there is an actual ouster of the cotenants, or some act equivalent thereto.</p> <p>3. Same. Mortgagor and mortgagee.</p> <p>The possession of a mortgagor is not acjwerse to the mortgagee until there has been a repudiation of the mortgage or denial of the right of the mortgagee so open and notorious that knowledge on his part will be presumed. 1 Am. & Eng. Ene. L. (2d ed.), 815.</p> <p>4. Ejectment. Death of plaAntiff. Code 1892, g 1658. Appeal.</p> <p>If a plaintiff recover in ejectment and die before the prosecution of an appeal to the supreme court, his executor may, without revivor, under code 1892, g 1658, be made the sole appellee in the cause. (Not in the opinion, but see statement of the cause.)</p>