Champlin v. Dotson

Citations

• 21 Miss. 553

Syllabus

<p>A vendee will not be permitted to buy in incumbrances, and set up an adverse title under them against his vendor.</p> <p>And it will be the same thing if another party purchase in the incumbrance, and the vendee be substituted to his bid.</p> <p>F. sold a tract of land to D., the title to which was in H., who made the deed ■ to D., the price being. $ 5000, for which notes were given by D. to F ; the latter stipulating, “ that if at any time the land should be sold under execution, on judgments against himself or H., he would refund to D. any money he might have paid on the notes, and would give up such of the notes as remained unpaid.; ” the land was afterwards sold under a judgment for $448 against H. for $ 120, and bought by the attorney for the plaintiff in execution, who soon after agreed with D. to substitute him in his stead as purchaser, if D. would pay off the balance of the judgment, which was accordingly done ; D. was afterwards sued for the purchase-money by the assignee of F., and set up as a defence the sale under the execution against H. ; thereupon the assignee of F. filed a bill in chancery, and enjoined D. from setting up the defence : Held, that the bill should be sustained, and D. enjoined from setting up the defence at law beyond the amount he had paid for extinguishing the judgment against H.</p> <p>Equity in such case would exercise jurisdiction, because the remedy there ■ would be more certain and more ample and complete, in being able to give the true meaning to the contract, and relieve one party from the advantage which he. has obtained over the other, growing out of the letter of the contract.</p>