Deanes v. Whitfield

Citations

• 107 Miss. 273
• 65 So. 246

Syllabus

<p>1. Executors and Administrators. Acquisition of title hy executors. Tax title. Life estate. Improvements. Bight to compensation.</p> <p>The executor of an estate who has not been discharged has such a fiduciary relation to a life tenant and her interest in the land devised as prevents him from acquiring a tax title thereto, so as to defeat her title of that of the remainderman.</p> <p>2. Life Estates. Improvements. Bight to compensation. Code 1906, section 1848.</p> <p>The.tenant of a life estate, making permanent and valuable improvements, has no claim upon the remainderman for reimbursement.</p> <p>3. Same.</p> <p>Code 1906, section 1848, allowing compensation for improvements put upon land, applies only where the party making the improvements is liable to account for rents.</p> <p>4. Life Estate. Sales. Bights of purchaser. Improvements.</p> <p>One who purchases land from the tenant for life, who held under a will of record in the1 county in which the land was situated at that time, was chargeable with notice that he purchased from a life tenant and could not recover from the remainderman for improvements placed on the land, although before his purchase the land had been included in a new county and there was no record of the will in such new county. '</p>