Gentry v. Gamblin

Citations

• 79 Miss. 437

Syllabus

<p>I. Equity. Clouds on title. Bills to remove. Code 1893, l 500.</p> <p>Under code 1893, § 500, providing for suits to remove clouds upon title to real estate, a bill in equity therefor will lie if the complainant have either a perfect legal or perfect equitable title to the lauds involved.</p> <p>3. Same. Estoppel.</p> <p>Where the owner of land mortgages it and allows it to be sold under the mortgage and purchased by the mortgagor, and being in possession of the land, procures a deed to be made by the purchaser to a third person who advanced the purchase money therefor, the mortgagor receiving the deed from the purchaser to the grantee therein, and delive-ing it to the latter, under a verbal understanding with such grantee that he might remain on the land and repurchase it from him by paying the purchase money, with interest, he is estopped to deny the title of the grantee or one holding under him.</p> <p>3. Same. Statutes of UrnitaMon. Code 1898, 23 8737, 8739, 8730, 8734.</p> <p>Is such, case the original owner and mortgagor cannot defend a bill filed against him to cancel his claim as a cloud upon the title or in the alternative, to enforce the payment of the purchase money on either the three or the six years’ statute of limitations (code 1893, 22 8739, 3737) as a bar to his contract to repay the purchase money; he will not be permitted to hold the land and not pay for it, and no statute of limitation will avail him save the ten-year statutes (code 1893, 22 2730, 3734), predicated of open, notorious and adverse possession in repudiation of complainant’s claim for that length of time.</p> <p>4. Same. Bill. Prayer. Alternative relief.</p> <p>Where land belonging to a defendant was sold under a mortgage, and purchased by the mortgagee, and the purchaser, at the request of the defendant, conveyed it to a third party, who at defendant’s solicitation advanced the amount of the mortgage debt, under a verbal-agreement that the land should be reconveyed to defendant i