Feemster v. May

Citations

• 21 Miss. 275

Syllabus

<p>A vendee who is in possession of land under a bond for title, but who has not accepted from his vendor a deed with covenants of warranty, can, without eviction, set up a failure of consideration from defect of title in defence of an action by the vendor for the purchase-money: aliter, if he has accepted such deed.</p> <p>Where a bond for title, oh payment of the purchase-money, is given, the covenants are dependent, and the vendee cannot be forced to part with his money until the vendor be ready to make title.</p> <p>A covenant to make “ a good and perfect deed” is not complied with by making a deed good in form only; the title must be good, to satisfy the undertaking.</p>