Millsaps v. Shotwell

Citations

• 76 Miss. 923

Syllabus

<p>1. Statute of Limitations. Estate upon condition.</p> <p>Where title to land is made to vest in a donee upon the happening of a future event, the statute of limitation will not begin to run against him until the happening of the event.</p> <p>S. Specific Performance. Violated trust</p> <p>Equity will not enforce the specific performance of a contract, the making' of which involved the violation of a trust by the party under whom those seeking its enforcement hold with notice.</p> <p>3. Same. Spendthrift t/rust.</p> <p>Where property is devised to a trustee for the purpose of protecting it from the improvidence of the beneficiary, any contract made between the trustee and the beneficiary, by which the property is exposed to the peril guarded against, is a breach of the trust.</p> <p>4. Notice. Recorded will.</p> <p>Parties who claim land, tracing their title through a deceased former owner, are charged with constructive notice of the contents of a duly probated and recorded will of such owner making devise of the land.</p> <p>5. Partition Suits. Parties.</p> <p>All persons interested in the property should be made parties to a partition suit.</p>