Harrison v. Harrison

Citations

• 56 Miss. 174

Syllabus

<p>1. Tenant nr Common. Purchase of common property at tax-sale. Effect.</p> <p>Where one of several tenants in common of an estate in remainder purchases the common property at a tax-sale, he cannot set up his title thus acquired against the common title, but his tax-title enures to the common benefit of himself and his co-tenants; though, in such a case, the common property is subject to the charge of the purchaser at the tax-sale for the money expended in such purchase, and this is so, notwithstanding the sale may have occurred in the lifetime of the tenant of the particular estate.</p> <p>2. Same. Paying taxes on common property. Charge on the estate therefor.</p> <p>Although it is the duty of the tenant of a particular estate to pay the taxes on the larid during his term, yet where, not having the means, he fails to do it, and on'e of the remainder-men pays the taxes to prevent the sale of the property; the latter has the right to contribution from his co-tenants to reimburse him for the money thus paid out, and the common property is charged with the payment thereof. And the fact that such remainder-man resided with the tenant of the particular estate, if by the permission of, and in the right of, the latter, would not impose any obligation upon the former to pay the taxes, nor deprive him of the right of contribution from his co-tenants.</p> <p>3. Same. Contribution for payment of taxes. Defence to bill for partition. ' Practice.</p> <p>M. H. and others filed a bill for the partition of an estate in common. H. H., one of the tenants in common, answered, setting up a paramount title in herself, acquired at a tax-sale, and claiming, also, that even if the tax-title was not valid, still she should be reimbursed by contribution from-her co-tenants for the amount paid out by her for taxes on the land, and that the same should be a charge upon the common property. It was objected by the complainants that these matters could not be presented by H. H. in an answer, b