Harvey v. Briggs

Citations

• 68 Miss. 60

Syllabus

<p>1. Supreme Court. Record. Agreed statement of facts.</p> <p>It is not allowable in this court to contradict an agreed statement of facts and chain of title upon which an ejectment suit was tried ; and where, by such statement, it is agreed that a deed was made by a certain vendor to a specified vendee, noting the book and page where it is recorded, a certified copy of such record, filed for the first time in this court, to show a different vendee, will be ignored.</p> <p>2. Infancy. Disaffirmance of contract. Right of heir or legal representative.</p> <p>While the privilege of a minor to disaffirm his contract may not be exercised by a stranger, the heir or legal representative of the infant may plead minority in avoidance of such contract, in the same manner and to the same extent as the infant could, if living. Alsworth v. Cordtz, 31 Miss. 36, cited and explained.</p> <p>3. Same. Disaffirmance by infant. Restoring consideration.</p> <p>A person who elects to avoid his contract, made during minority, must restore the consideration received by him, if he has it in possession at the time of such disaffirmance ; otherwise, if it has been lost or squandered during his minority. Brantley v. Wolf, 60 Miss. 420.</p> <p>4. Purchaser of Dower Interest. Tenant for life. Right of heirs.</p> <p>One who entered into possession of laud under a purchase and deed from the widow and infant heirs (the widow having only a dower interest), becomes, after disaffirmance of the sale by the infants, a mere tenant of the life estate of the widow, and, upon the death of the latter, becomes a tenant at sufferance of such heirs. Day v. Cochran, 24 Miss. 261, and Criffin v. Sheffield, 38 lb. 359, cited.</p> <p>5. Statute of Limitations. Adverse possession. Possession by life-tenant.</p> <p>Where one enters into possession of land and claims it adversely, thus putting into operation the statute of limitations, but dies before the expiration of the ten years, and his widow, entitled to dower,