Faison v. Johnson

Citations

• 70 Miss. 214

Syllabus

<p>1. Execution. Death of defendant. Revivor. Code 1880, 2 1744.</p> <p>Where, before issuance of execution, one 'of several judgment defendants dies, a sale of his property thereunder, without previous revivor against the heirs, is void. Code 1880, § 1744.</p> <p>2. Tax-sale. Who nay buy. Obligation to pay the taxes.</p> <p>A creditor who has previously charged the account of his debtor with the taxes due on the latter’s land, and thus come under obligation to pay them, cannot acquire a tax-title at the sale for such taxes.</p> <p>3. Void Sale under Execution and Mortgage. Purchaser a trustee.</p> <p>A judgment creditor, under such obligation to pay his debtor’s taxes, and who also held a trust-deed covering his debtor’s land, caused the same to be sold under an execution issued after the debtor’s death, and without revivor against the heirs, and, on the same day, sold under the trust-deed and suffered a sale for taxes, becoming the purchaser at all three sales, intending to concentrate the titles in himself. The debt secured by the trust-deed was shown to be in large part satisfied. Held, the creditor was rightly decreed a trustee of the title for the heirs.</p>