Kelly v. Wagner

Citations

• 61 Miss. 299

Syllabus

<p>1. Equitable Estoppel. Divestiture of legal title.</p> <p>According to what is perhaps the weight of authorities, the owner of the legal title to land cannot be divested of it upon the ground of equitable estoppel by parol, except where it is shown that there has been some element of fraud or intentional wrong in the acts or declarations by which it is sought to estop him. Whether there may not be an estoppel as to the legal title to land where there has been no fraud or deceit. Query. But no estoppel can arise where the misstatement relied on is as to a fact which could in no event have affected the legal title.</p> <p>2. Sajie. Statute of limitations. Improvements.</p> <p>Where a party purchases land, taking a deed, and executes his notes and deed of trust for the purchase-money and afterward rescinds the sale, without surrender or cancellation of the deed, and the vendor takes possession of the land without a reconveyance, and pays the taxes on it, and 'claims and uses it as his own through a series of years, with the full concurrence of the vendee, and upon the faith of the verbal rescission, the vendee afterward asserting his legal title to the land would be estopped from setting up the statue of limitations as to the notes given for the purchase-money, the taxes paid with interest, and from claiming the benefits of any acts done by the vendor, or from claiming the benefit of improvements erected on the land in good faith by a purchaser from the vendor after the rescission.</p>