French v. McAndrew

Citations

• 61 Miss. 187

Syllabus

<p>1. Infant. Deed. Disaffirmance.</p> <p>An infant who is induced by her widowed mother and adult sister to unite' in the sale of their joint property, and’receives none of the purchase-money, can disaffirm her deed after attaining majority.</p> <p>2. Same: Mesne profits. Period for which allowed.</p> <p>Her disaffirmance renders the conveyance void ab initio, and entitles her to charge the purchaser for rents during the whole time that he occupies the property under the deed.</p> <p>3. Same. Co-tenancy. Liability of co-tenant for rent.</p> <p>The purchaser, in acquiring the adult sister’s interest, becomes a co-tenant with the infant, and, as such, is liable to account with her for the rent of her share which he occupies.</p> <p>4. Same. Dower. Relinquishment.</p> <p>By her conveyance the widow loses the right to relinquish dower in her daughter’s favor, for it passes to the purchaser.</p> <p>5. Same. Subrogation. Set-off.</p> <p>If a judgment lien on the land is discharged by the purchaser us part of the price which he agrees to pay, he should have credit for this in accounting for the rents.</p> <p>6. Same. Co-tenancy. Debt for rent of co-tenant no lien.</p> <p>The amount found due the late infant on accounting is no lien upon the purchaser’s interest, and if he sells the land pending the litigation his vendee takes his share free of such claim.</p> <p>7. Tax Title. Sale at wrong time.</p> <p>Sale of land in 1876 for taxes of the year 1874 is void. DTardiev. Chris-man, 60 Miss. 671, distinguished.</p>