Lyebrook v. Hall

Citations

• 73 Miss. 509

Syllabus

<p>1. Tax i Title. Landlord and tenant. Tenant’s pwrchase from state a redemption.</p> <p>A purchase from the state of land held under a tax sale, by a tenant for years of the grantee of one having a dower interest therein, made during the term of such tenant and while he is receiving- the rents and profits, and is under duty, by contract with his landlord, to redeem the land, confers no title upon him, but operates as a redemption merely; and, in a contest between those claiming under him by inheritance and the reversioner in fee after the death of the dowress, it is immaterial that his landlord had abandoned his interest as grantee of the dowress.</p> <p>2. Same. Adverse possession. Tenant at sufferance. Statute of Umitations.</p> <p>When such tenant makes no surrender of possession at the end of his term, but remains in possession until his death some time thereafter, receiving the rents and profits, and such possession, accompanied by like receipt of rents and profits, is continued by those claiming under him by inheritance, neither he nor they will be deemed to have held adversely, to the dowress or reversioner in fee, but to have been tenants at sufferance merely, and, as such, incapable of acquiring title against said dowress or reversioner under the tax sale covered by said tenant’s contract to redeem, or any subsequent sale for taxes that accrued during such possession, or of successfully pleading against them, either the ten years statute of limitation or the three years limitation prescribed by g 539, code 1880, in cases of actual occupancy under tax deeds from the state.</p>