Little v. Teague

Citations

• 60 Miss. 115

Syllabus

<p>Mortgage. Assignee thereof. Possession after condition broken. Title by limitation.</p> <p>In 1866 L. mortgaged a tract of land to U. In August, 1869, B., without having foreclosed his mortgage, conveyed the land to L.’s wife. L. died in 1874, and in May, 1879, Mrs. L. borrowed monej from T., and to secure the repayment thereof, gave a deed of trust upon this land. In the “fall of 1879 ” she died. Default was made in the payment of the debt and the land was sold under the deed of trust and bought by T. In February, 1880, T. brought an action of ejectment against the children of Mrs. L., to recover the land, they having received possession from their mother who had been in possession of the same jointly with her husband up to the time of his -death, and had sole possession thereof afterwards during her lifetime. The defendants resisted the suit on the ground that Mrs. L., being only the assignee ofit.’s mortgage, T. could not acquire the legal title through her. Held, that as Mrs. L. was in possession of the land more than ten years between the execution of B.’s deed and her death, she acquired a title by limitation, as a mortgagee in possession after condition broken, under sect. 2666 of the Code of 1880, and the same provision in prior Codes. The joint possession of herself and husband, after the execution of B.’s deed and before L.’s death, must be referred to her who had the paper title, rather than to him , who had, in form at least, conveyed it away.</p>