Lockhart v. Camfield

Citations

• 48 Miss. 470

Syllabus

<p>1. Legal title and superior equity under the statute — landlord and tenant — CASE at bar. — S. F. K., J. B. K. and L. M. L. were the heirs to and co-tenants in common, by undoubted title, of equal undivided interests, in a tract of land in Mississippi; and, tbe two first named, in 1865, executed a bond to L., husband of said L. M. L., binding themselves to convey to him their respective interests in the premises, upon payment by him to them of $866 each, secured by his promissory notes, the object being to enable him to sell the whole tract to C. in exchange for lands in Alabama, which said L. and C. at the same time accordingly contracted should be done by the proper conveyances, and the latter was thereupon, and in consideration thereof, put into possession of the premises in Mississippi. Subsequently, the heirs and late co-tenants agreed to rescind Jheir contract, and .thereupon, the title, bonds and notes were surrendered. C. tendered conveyance of the Alabama lands according to his contract, which was refused, and the heirs and late co-tenants brought ejectment against C. to recover back the Mississippi lands. C. setup tbe agreement as constituting in him an equitable title superior to tbeir legal title. Held, that O.’s equitable title, under tbe circumstances, constituted no defense ; and held further, that, as between the late co-tenants and C., the relation of landlord and tenant, in respect to the premises, did not exist, C. having entered as a purchaser.</p> <p>2. Evidence — notice to produce papers — practice.—In a notice to produce papers at the trial, a title bond was improperly described as a iC deed,55 but the party took no exception and produced the bond. At a second trial, exceptions were taken to the misnomer of the instrument in the notice, and for that reason the bond was not produced. Whereupon, the court admitted secondary evidence of the contents of the bond. Held, on exceptions, that the production of the paper on the former occasion, unde