Fox v. Coon

Citations

• 64 Miss. 465

Syllabus

<p>1. CO-TENANTS. Common estate in reversion. Life estate. Tenant purchasing tax-title. Trustee.</p> <p>F. died leaving a widow and several heirs. Certain of decedent’s land was set aside to the widow as dower, and this was afterward forfeited to the State for the non-payment of taxes. R., one of the heirs of F., deceased, purchased the land from the State and mortgaged it to C. It was sold under the mortgage and bought by W. Held, that R. by his purchase became the sole owner of the life interest of the widow and a trustee of the fee for himself and co-tenants jointly.</p> <p>2. Same. Partition. Bill to remove clouds upon title. Chancery practice. Case in judgment..</p> <p>In the above-stated case the heirs of F. exhibited their bill praying for a partition and for a cancellation of the deeds to C. and W. as casting a cloud upon their title. The widow was still alive. Held, that partition cannot be granted, because of the existence of the life estate in W., but the deeds should be so reformed as to convey only the interest acquired by R., to wit, the life interest of the widow.</p>