Hicks v. Blakeman

Citations

• 74 Miss. 459

Syllabus

<p>1. Ciiastcert Court. Guardian’s sale of land. Rights of purchaser. Notice.</p> <p>One who claims under a guardian’s sale, that was neither reported to nor confirmed by the court, nor .made in compliance with the decree ordering it, is affected with notice of the infirmity in his title, and cannot claim the land as a bona fide purchaser for value, there being no evidence of payment of the purchase money save a somewhat vag'ue recital in the guardian’s void conveyance of a payment of one-half thereof at the time of sale.</p> <p>2. Same. Improvements.</p> <p>One who, claiming under a guardian’s sale that is void for want of confirmation and noncompliance with the decree ordering it, enters upon the land under the guardian’s deed, and, in the honest belief that his title is good, makes permanent improvements thereon, is entitled to a decree for such improvements on the establishment of an adverse title. Cole v. Johnson, 53 Miss., 94, cited.</p> <p>3. Same. Measiwe of recovery.</p> <p>The amount that the mai-ket value of the land is enhanced by the improvements made thereon, in good faith, by one claiming under the void conveyance of a guardian, is the proper measure of his recovery on account thereof. Nixon v. Porter, 38 Miss., 401; WiUe v. Brooks, 48 lb., 542; Clark v. B.'ornthall, 47 lb., 434; Massey v. Womble, 69 lb., 347, cited.</p>