Chiles v. Gallagher

Citations

• 67 Miss. 413

Syllabus

<p>1. Mortgage. Money paid for son. Advancement.</p> <p>Where a father is accustomed to make loans to his children, keeping memoranda of the same as advancements, and his son buys land from a third person, borrowing the purchase-money from the father, who pays the same to suoh person, taking the title in his own name as security, the son becomes, in equity, the owner of the land and the father mortgagee as to the amount so paid.</p> <p>2. Same. Advancement. Release of mortgage debt. Distribution.</p> <p>In such case where the will of the father has directed that in distribution of his estate an account shall be taken of the amounts advanced to, and the debts due from his children, the amount so paid for the land at the instance of the son is to be treated as an advancement to him, and, as against the other heirs and devisees of the father, this is sufficient to release the debt for the money so paid.</p> <p>3. Tax-title. Party in possession. Disability to buy.</p> <p>One in possession of land receiving the rents is under obligation to keep the taxes down. If default in payment is made by such occupant that the land may be sold, a purchaser at the tax-sale, who confederates with the occupant, and who knows of the possession, will hold the title as trustee ex maleficio for the real owner; and this, although the right of such owner rests upon an equity unknown to the purchaser.</p> <p>4. Chancery Códrt. Removing clouds. Complainant must be real owner.</p> <p>To enable a complainant in equity to cancel a title as a cloud, it is not sufficient to show want of right in the defendant. Complainant himself must show as perfect title, legal or equitable, as would enable him; the title being a legal one, to recover against the defendant in ejectment.</p> <p>5. Same. Rule where some of the defendants cannot deny complainant’s title.</p> <p>In a suit to remove clouds, where certain of the defendants ocoupy such trust relation as that they cannot question complainant’s right, it