Miller v. Palmer

Citations

• 55 Miss. 323

Syllabus

<p>1. Chancery. Relief against judgment at law. When granted.</p> <p>A court of equity will not relieve against a judgment at law unless the defendant can impeach it on grounds of which he could not have availed himself at law, or of which he was prevented from availing himself by fraud, accident, or the act of the opposite party, unmixed with any negligence or fault on his part.</p> <p>2. Same. Showing for relief against a judgment.</p> <p>A defendant to a judgment at law who seeks relief therefrom in a court of chancery must show two facts: first, a good defense; second, a satisfactory excuse for his failure to make such defense.</p> <p>3. Sale. By administrator. Failure of purchase!!' to examine his title.</p> <p>Where a defendant allows judgment nil dicit to go against himself for the purchase-money of land bought at an administrator’s sale, although the proceedings of sale were invalid, and he might have pleaded a failure of consideration if he had investigated the state of his title, he will not, because of his failure to make such investigation, be regarded as negligent if he, in good faith, relied upon the validity of the proceedings and had no-notice of the defects in his title.</p> <p>4. Same. By administrator. Title defective.</p> <p>Where the purchaser of land at an administrator’s sale, under an order of court, does not get such title as the deceased had and as descended to his heirs, by reason of any defect in the judicial proceedings of the sale, he should not be compelled to pay the purchase-money, unless by his negligence he fails to plead the failure of consideration.</p> <p>5. Sale. By administrator. F'ailure of consideration. Rescission.</p> <p>Where the land of an intestate has been sold by the administrator, under an order of court, and judgment nil dicit has been recovered against the purchaser for the purchase-money, such judgment may be enjoined several years after its rendition, and the contract of sale rescinded, on the ground of a failure