Miller v. Board of Mississippi Levee Commissioners

Citations

• 78 Miss. 201

Syllabus

<p>1. Vendor and Vendee. Lands. Damages. Bight of action for injury to land.</p> <p>A vendee of lands cannot recover for damages done to the freehold before his purchase.</p> <p>2. Same. Mortgage.</p> <p>The right' to recover for damages done to land while subject to a mortgage does not pass to a vendee of the purchaser at a foreelos, ure sale under the mortgage.</p> <p>3. Same. Lands taken for levee purposes. Laws 1865, p. 51. Laws 1884, p. 163'.</p> <p>Where lands were purchased for levee purposes by the board of Mississippi levee commissioners from a mortgagor, and the mortgage was afterwards foreclosed, a vendee of the purchaser at the foreclosure sale cannot maintain a suit for damages against the board, under laws of 1865, p. 51, as amended, laws 1884, p. 163 providing a statutory proceeding for compensation by persons whose lands are taken by said board.</p> <p>On Suggestion of Error.</p> <p>4. Same. Legal title.</p> <p>The legal title to lands purchased for levee purposes by the board.of Mississippi levee commissioners from a mortgagor is not involved in a statutory proceeding instituted against the board for damages, under said acts, by the vendee of a purchaser at a foreclosure sale.</p>