Liverman v. Lee

Citations

• 86 Miss. 370

Syllabus

<p>1. Evidence. Estate of decedent. Code 1892, \\ 1140.</p> <p>A defendant, claiming land as against the estate of a decedent, cannot, under Code 1892, § 1140, establish a claim, which originated in the lifetime of the decedent, by the testimony of a person through whom the title is alleged by him to-have passed and from whom the defendant purchased after the death of the decedent.</p> <p>2. Paetition. Sale for division of proceeds. When void.</p> <p>Where the terms of a decree directing a sale in partition were not complied with, and the purchase money was not paid, and the note for the deferred payments required by the decree was not given, and no commissioner’s deed was executed in pursuance of the sale, the sale was void, and passed no title out of the owners.</p> <p>3. Same. Bights of purchaser. Tax Hens. Subrogation.</p> <p>Where a payment by a bidder at a void sale under a decree in a partition suit was applied to the satisfaction of a tax lien on the land, the bidder became subrogated to the rights of the holder of the tax lien, and a decree for the sale of the land in a subsequent suit for partition should direct the payment of such sum to the bidder.</p> <p>4. Same. Equities between partíes.</p> <p>Where a bidder at a void, sale under a decree for partition made a payment to the owners, he should be repaid out of the proceeds on a sale under a decree in a subsequent suit for partition.</p> <p>5. Same. Solicitors fees.</p> <p>Where the sale under a decree in a suit for partition was void because the terms of the decree were not complied with, complainants in the suit are not entitled to credit for attorney’s fees and court costs, payable out of the proceeds of a valid sale, under a decree in a subsequent suit.</p>