Carpenter v. Douglass

Citations

• 104 Miss. 74
• 61 So. 161

Syllabus

<p>1. Equity. Exhibits as part of bill. Vendor and, vendee. Rights and liabilities as to each other. Taxes.</p> <p>An exhibit filed with a bill in chancery is as much a part of the bill as the allegations of the bill.</p> <p>2. Vendor and Vendee. Rights and liabilities. Taxes. Legal title.</p> <p>The vendor by title bond holds the legal title only as trustee for the vendee, while the beneficial interest rests in the vendee and in the absence of some special stipulation or exceptional circumstances the vendee is hable for the taxes.</p> <p>OPINION ON SUGGESTION OP ERROR.</p> <p>Specific Performance. Bond for title. Bill.</p> <p>In a suit to enforce a bond for title against the heirs of a deceased vendor, where it appears that there had been no administration on his estate and that his heirs were minors, and under the allegations of the bill it appears that complainant was entitled to credit for taxes paid before the execution of the bond for title. The bill was sufficient to entitle the complainant to a decree appointing a commissioner to convey the property to the vendee on payment of the money found due by him on an accounting.</p>