Hall v. Waddill

Citations

• 78 Miss. 16

Syllabus

<p>On First Hearing, First Appeal.</p> <p>1. Deed. Delivery. Subsequent acts of grantor.</p> <p>If a deed be once effectually delivered, no subsequent acts of the grantor can disparage the title thereby conveyed.</p> <p>3. Same. Signing by trustee. Evidence.</p> <p>The fact that the person named as trustee signed an' instrument purporting to convey lands to him in trust, is not conclusive evidence of delivery by the grantor.</p> <p>3. Same. Essentials of delivery.</p> <p>To effect a valid delivery of a deed, the grantor must part with it so absolutely and irrevocably as never thereafter to have the right to recall it.</p> <p>4. Same. Test of delivery.</p> <p>The test as to whether a deed has been delivered is 'the right of the grantee to its possession.</p> <p>On Application to Amend Supreme Court Judgment and Mandate, First Appeal.</p> <p>5. Bill of Review. Newly discovered evidence. Application to court of original jurisdiction. '</p> <p>An application to file a bill of review, based on newly discovered evidence, even after affirmance by the supreme court of the decree sought to be avoided, should be made to the chancery court which rendered said decree, and not to the supreme court.</p> <p>6. Sam:e. Affirmance does not destroy right.</p> <p>The affirmance of a decree of the chancery court by the supreme court does not- affect the right to ask leave of the chancery court to file a bill of review, based on newly discovered evidence.</p> <p>On Second Hearing, Second Appeal.</p> <p>7. Rents. Admissions in pleadings. Code 1893, § 53. Taxes, etc.</p> <p>Where, in an equity suit for lands and the rents thereof, the defendants, by their answer, deny complainants’ title to the land, but admit the rental value to be as charged in the bill, they will not,. after the affirmance by the supreme court of a decree against them establishing complainants’ title, upon an accounting for rents, under code 1892, -g 53, authorizing a judgment on a supersedeas appeal bond, be precluded