Green v. Board of Supervisors

Citations

• 58 Miss. 337

Syllabus

<p>1. Chancery Practice. Statute of Limitations. Commencement of suit. Question of fact.</p> <p>When the defendant to a suit in chancery relies upon the Statute of Limitations as having barred the claim sued upon before the filing of an amended bill, which is claimed to be the commencement of the suit, because of a failure to issue process on the original bill, he should present the fact of such failure by plea or answer. If such defence be set up by demurrer, the question whether the process was issued being one of fact, and not determinable on demurrer, the filing of the original bill must be taken as the commencement of the suit.</p> <p>2. Limitation op Actions. Suit against mortgageor. Effect as to alienee.</p> <p>The institution of a suit against a mortgageor to foreclose the mortgage, before the debt has been barred by the Statute of Limitations, keeps alive the mortgage against the alienee of the mortgageor, who purchased before the commencement of the suit, unless such alienee shall acquire title to the mortgaged property by adverse possession before being made a party to the suit.</p> <p>3. Bona Fide Purchaser. Notice of condition of title. Case in ¡judgment.</p> <p>G. gave a promissory note, secured by a mortgage on certain land, to the treasurer of the county of T., for money borrowed from the school fund of that county. Several years afterwards the Board of Police accepted a conveyance of other land from G. in payment of his debt, and caused the county treasurer to deliver to him his note and to enter satisfaction of the mortgage upon the-record. G. then conveyed the land embraced in the mortgage, for a valuable consideration, to his sister-in-law, H., who had notice of the condition of the title. A bill in chancery was filed to have the order of the Board of Police and the transactions thereunder declared null and void, to set aside the conveyance from G. to H., and to reinstate and enforce the mortgage. H.’s title was defended on the ground that she wa