Cromwell v. Craft

Citations

• 47 Miss. 44

Syllabus

<p>1. Final decree — what is. — A decree on a. bill to enforce a vendor’s lien, which purports to be made on a full hearing “on the bill and exhibits,” and other proceedings in the case, and establishes the right of complainant to enforce his claim against the land, and appoints a commissioner to sell it, unless, within a specified time, the defendants pay complainant the sum found due, and all costs, and directs the commissioner, in case Of sale, to report his proceedings at the next term, is not an interlocutory, but a final decree.</p> <p>2. Execution sale — purchaser acquires only the rights op the dependant in execution. — A purchaser, under execution, against the vendee of land, who has a bond for title, acquires only the interest of the obligee in the bond, and takes subordinate to the paramount equity of the vendor.</p> <p>3. Vendor and vendee — vendee in possession under vendor cannot acquire and set up adverse title. —A vendee continuing to hold the possession of land, to which his vendor admitted him, cannot acquire an adverse title and set it up against his vendor.</p>