Canal Bank v. Hudson

Citations

• 111 U.S. 66
• 4 S. Ct. 303
• 28 L. Ed. 354
• 1884 U.S. LEXIS 1759

Syllabus

<p>Devise — Equity—Iáen—Parties—Statutes of Mississippi, — Trusts.</p> <p>The plaintiffs, as creditors, whose debts were secured by a deed of trust on land in Mississippi, having brought a suit in equity to enforce the trust and to sell the land, joined as defendants, by a supplemental bill, persons in possession, who claimed to own the land under a title founded on a sale made under a judgment recovered prior to the execution of the deed of trust, but which judgment had been held by this court, in the same suit (Banh y. Partee, 99 U. S. 335), before the filing of the supplemental bill, to be yoid, as against the, plaintiffs. The defendants in possession set up a claim to be allowed for the amount they had paid in discharge of a lien or charge on the land created by a will devising the land to the original grantor in the deed of trust, and for taxes paid, and for improvements. These claims were allowed.</p> <p>A devise of land was made by a will, upon specified conditions, “ under the penalty, in case of non-compliance, of loss of the above property,” the conditions being to pay certain money legacies, and a life annuity jn money. Then other legacies in money were given. Then there was a provision, “ that all the legacies which I have given in money and not charged upon any particular fund ” should not be payable for two years “ after my decease,” followed by a provision as to the payment by the devisee of interest on the first-named money legacies after she should come into possession of the land devised. No other money legacies were given payable by any person on conditions, and there were no other legacies in money which could answer the description of legacies in money charged on a particular fund : Meld, That the life annuity was a charge on the land devised.</p> <p>The statute of Mississippi, Revised Code of 1857, chap. 57, article 15, p. 401, which provides, that “no judgment or decree rendered in any court held within this State shall'be a lien on the proper