Edwards v. Hillier

Citations

• 70 Miss. 803

Syllabus

<p>1. Vendor, and Vendee. Bona fide purchaser. Notice to attorney.</p> <p>A purchaser of land, having a bond for title, is chargeable with notice of an adverse claim thereto received by his agent or attorney who files for him a bill for specific performance, and who pays the purchase-money, and procures the deed.</p> <p>2. Estoppel. Void sale by trustee. Discharge of incumbrance.</p> <p>Where a husband, having conveyed land to a trustee to hold in trust for his wife,' afterwards, under alleged authority from the trustee, makes an unauthorized sale thereof, the mere fact that he applied a part of the purchase-money to discharge an incumbrance on the property made by the wife, will not estop her to recover the land.</p> <p>3. Chancery Pleading. Affirmative defense. Gross-bill. Subrogation.</p> <p>In such case, the extent of the purchaser’s right, if any, is subrogation to the claim of the incumbrancer, but, on a bill by the wife to cancel his claim, the right to subrogation, being affirmative, must be asserted by cross-bill.</p> <p>4. Conveyance op Land. Subsequently acquired title of grantor. Estoppel.</p> <p>Where one, owning only an undivided interest in land, conveys it by a ' deed purporting to pass the entire interest, and afterwards acquires the interest oí his co-owner, the title thus acquired inures eo mshmti to his grantee; and it makes no difference that his deed to the purchaser contained a misdescription of the land, this having, meantime, been corrected by. decree.</p>