Garner v. Garner

Citations

• 117 Miss. 694
• 78 So. 623

Syllabus

<p>1. Estoppel. Warranty. After acquired title.</p> <p>It is settled law that the execution and delivery oí a warranty deed estops the grantor from thereafter acquiring any adverse-title or interest in the land conveyed and that any subsequently acquired title inures to the benefit of the grantee.</p> <p>2. Same.</p> <p>If the vendor at the time his deed is made owns only an undivided one-half interest, but his deed purports to convey the entire fee a subsequently acquired title to the other half interest passes eo enstanti to the vendee.</p> <p>3. Conveyance. Warranty. Encumbrances.</p> <p>A warranty in a deed to real estate, that the grantor “shall forever warrant and defend the title to the said premises unto the party of the second part, his heirs, and assigns, against the claim of' all persons lawfully claiming the-same, or any part thereof,” is a warranty against incumbrances.</p> <p>4. Refobmations of instetjment s. Mistake. Evidence.</p> <p>Under the facts in this case as set out in its opinion the court held that the evidence did not show that defendants warranty was executed hy mistake, so as to authorize a reformation of the deed.</p> <p>5. Reformation and instrument. Mistake. Evidence.</p> <p>Where tenants in common of property executed mutual conveyances to each other in order to divide their interest, parole evidence was inadmissible to show that one tenant assumed an indebtedness secured by a deed, of trust on one of the two tracts partitioned. where the deed did not mention any such agreement.</p>