Moak v. Bryant

Citations

• 51 Miss. 560

Syllabus

<p>1. Vendor and Vendee: Possession under an executory contract of purchase.</p> <p>Tbe general rule is that possession, acquired under an executory contract of purchase, being rightful in its inception, something, ex post facto, must be done to make it tortious. The vendee must repudiate the contract under which he entered, or fail to comply with its terms in order that the vendor may treat the contract as at an end. Demand, of possession or notice to quit are not necessary.</p> <p>2. Same : Same.</p> <p>The covenants of such a vendor and vendee are mutual and dependent and contemplate contemporaneous performance. If the vendor desires to put the vendee in default he must perform his covenants and deliver or tender a deed when payment is demanded. If the vendee is put in default the vendor may either recover possession of the land or enforce his lien for the purchase money.</p> <p>3. Same : Tender of deed; effect thereof.</p> <p>Where the vendor tenders a deed to the vendee, although it may not conform to the terms of the contract, and the vendee makes no objection to the deed either for form or substance, but merely declares his inability to pay for the land, he waives all objections to the deed, and it is too late to raise the objection when sued for the possession of the land.</p> <p>4. Same: Suit for possession; effect thereof</p> <p>When the vendee is put in default and the vendor elects to abandon the contract and sue for the possession of the land by unlawful detainer, such possessory action does not affect any equities that might exist between the parties.</p>