Conn v. Boutwell

Citations

• 101 Miss. 353
• 58 So. 105

Syllabus

<p>1. Conveyance to Husband .and Wife. Code of 1906, section 2770. Bona fide purchaser. Infants. Ejectment. Equal equities.</p> <p>Under section 2770, Code of 1906, which has been the law in this state since the adoption of the Code of 1880 and which provides that “all conveyances or demises of land made to two or more persons or to a husband and wife, shall be construed to create estates in common, and not in joint tenancy or entirety, unless it manifestly appears from the tenor of the instrument, that it was intended to create an estate in joint tenancy or entirety with the right of survivorship,” a deed to a husband and his wife creates an estate in common and each owns an undivided one-half interest in the land.</p> <p>:2. Infants. Conveyances. Avoidance. Bona fid.e purchaser.</p> <p>The right of an infant to void his contract is an absolute and paramount right, superior to all equities of other persons and may be exercised against a bona fide purchaser from the infant’s grantee.</p> <p>■3. Same.</p> <p>When an infant conveys lands the title to which is in him, in the eye of the law there is no conveyance — hot void it is true, but . voidable; and it is not necessary for the infant to go into chancery to disaffirm his conveyance, hut he has the right to bring an action of ejectment for the recovery of the land upon the idea that he never made any legal conveyance of the property.</p> <p>4. Equity Maxims. Equal equities. Bona fide purchasers.</p> <p>Where a defendant acquired the legal estate at the time and as a part of his original purchase, the fact of his purchase having been hona fide, for value and without notice, is a perfect defense in equity to any suit brought by the holder of a prior equitable' estate, lien, incumbrance or other interest seeking either to establish and enforce his equitable estate, lien or interest, or to obtain any other relief with respect thereto which can be given by a court of equity.</p>