Jones v. Grimes

Citations

• 115 Miss. 874
• 76 So. 735

Syllabus

<p>1. Cancellation of Instbtjments. Pleading. Bona fide in cumbrances. Demurrer.</p> <p>The bona-fide purchaser or incumbrancer for value defense is an affirmative one, and must be raised by plea or answer unless all the facts necessary to establish it are alleged in the bill, in which event, it can be raised by demurrer.</p> <p>2. Same.</p> <p>Where a bill by the widow and children of a deceased grantor to cancel his deed, and trust deeds given by the grantee, alleged that after the death of the grantor the grantee executed certain trust deeds to defendants to secure loans for stated amounts, and that during such time plaintiff continued in possession, thus negativing knowledge or notice of plaintiff’s claim on the part of defendant mortgagees, except such as would be implied from plaintiff’s possession. In such case defendants could take advantage of their claims, as bona-fide incumbrancers for value, by demurrer.</p> <p>3. Mortgagees or Bona-Fide Purchaser. Notice of claim of vendor. Possession.</p> <p>The exception to the general rule that possession of the land with claim of interest by the grantor is not, after the recording of a deed executed by him, notice to an innocent purchaser for value from his grantee of his claim or interest therein, is not subject to the qualification that where the possession of the grantor is long continued, a purchaser or mortgagee is put upon notice.</p> <p>4. Mortgagee as Bona-Fide Purchaser. Notice. Possession by wife after husbands death.</p> <p>Even though it be conceded that the rule that possession of the grantor, after deed by him has been recorded is not notice of claim by him, is not applicable because the trust deeds sought to be cancelled were executed by the grantee after the grantor’s death, and while the plaintiffs, the wife and children of deceased, were in possession, this will not avail plaintiff, where the wife joined in the deed by the husband, and the bill avers no change in possession of the land after her hu