Higgins v. Haberstraw

Citations

• 76 Miss. 627

Syllabus

<p>Equitable Estoppel. Mortgages. Parol contract. Statute of frauds. Code 1892, ll 4230, 4231.</p> <p>While a parol agreement between, mortgag-or and mortgagee, by the terms of which the former is to take possession until his debt is paid from the rents and then restore it to'the latter, cannot, under the statute of frauds, be specifically enforced in a proceeding- by the mortgagor for an accounting of the rents and to redeem from a foreclosure and purchase by the mortgagee, it may be availed of as an equitable estoppel against the mortgagee’s assertion of title and his defense of the statute of limitations.</p>