Bradley v. Villere

Citations

• 66 Miss. 399
• 6 So. 208

Syllabus

<p>1. Limitation of Actions. Property sold by order of chancery court. Góde 1880, § 2693. . '</p> <p>This section provides as follows: “No action shall be brought to recover any property hereafter sold by order of a chancery court, where the sale, is in good faith, and the purchase-money paid, unless brought within two years after possession taken by the purchaser under such sale of such property.”</p> <p>2. Sai.es in Violation of Constitution.</p> <p>The above section of the code applies as well to sales made in disregard of the constitution as to those made in disregard of statutes. Therefore, if land be sold under order of a chancery court, in tracts exceeding one hundred and sixty acres, suit to recover the same must be brought within two years, notwithstanding such sales are violative of {¡ 18, art. xii, of the constitution.</p> <p>3. Sai.es in Bad Faith : What Abb Not. No difference between constitutional and statutory requirement.</p> <p>Bad faith cannot be imputed to such a sale merely because made in disregard of the constitutional requirement. In this respect there is no differ; ence between a sale avoided by a disregard of the constitution, and one made void by want of conformity to a statute. A valid statute is as binding as the fundamental law.</p>