Mississippi Sawmill Co. v. Douglas

Citations

• 107 Miss. 678
• 65 So. 885

Syllabus

<p>1. Counties. Board of supervisors. Timber sale. Estoppel. By deed. Grounds. Laws 1898, chapter 41. Laws 1904, chapter 124.</p> <p>A board of supervisors cannot be bound by agreements made by individual members of the board, but can bind itself only by an order entered upon its minutes after a legal session.</p> <p>2. Estoppel. By deed. Grounds. Laws 1898, chapter 41. Laws 1904, chapter 124.</p> <p>Where a defendant holding a ninety-nine year lease of sixteenth section lands, but not owning the timber thereon, in good faith executed a warranty deed of the timber to complainants’ pre-decesor, and after the defect of title was discovered, without consideration, conveyed her leasehold interest to another defendant, who for their joint account purchased all the merchantable timber on the land from the board of supervisors who were authorized by Laws 1898, chapter 41, and Laws 1904, chapter 124, to sell the merchantable timber. In such case on complainant’s payment of the amount paid to acquire the paramount title, equity will decree that the title obtained by defendants inured to the benefit of complainant, and will decree that defendants convey such title to complainant.</p> <p>3. Same.</p> <p>'In such case complainant can sue for breach of warranty.</p>