Hughes v. Stallings

Citations

• 52 Miss. 375

Syllabus

<p>1. Chancery Practice: Lien for improvements on real estate.</p> <p>Where the true owner of land invokes the aid of a court of equity against a party lawfully in possession under a defective title, the owner will he com- , pelled to pay for valuable and permanent improvements, made in good faith, and with a belief of title in himself; and in a proper case the party making the improvements may come into a court of chancery as complainant and obtain a decree for them.</p> <p>2. Same: Same: Case in judgment.</p> <p>S. purchased the land from the heirs of M., and made improvements, under the belief that the title was good. The United States court decreed that the title was in the devisees, and not the heirs of M. The land was sold and H. purchased, and turned S. out under a writ of assistance. S. filed a bill against H. to enforce a lien for the improvements. Held, that this suit being against the purchaser and not against the true owner, and it not being shown that the purchaser had notice of any equity of S. to charge the land with the lien, no lion can exist as against the land in the hands of such purchaser.</p>