Money v. Ricketts

Citations

• 62 Miss. 209

Syllabus

<p>1. Estoppel. Declaration as to title by owner of land. Case in judgment.</p> <p>C. sold and conveyed a tract of land to S., but reserved an express lien for the unpaid part of the purchase-money. S. procured R. to buy the land, and stated to him that the legal title was in C., whom he got to make a conveyance of the land to R. Held, that by his conduct S. is estopped to set up his title against that acquired by R.</p> <p>2. Same. 4s to statute of frauds. Owner of lf¡gal title. Purchaser.</p> <p>And though there be no written memorandum of such transaction as between S. and R., the former cannot invoke the statute of frauds to defeat the latter’s title; nor can a purchaser of the land under a judgment against S., having notice of R.’s claim, do so.</p> <p>3. Possession oe Land. Notice of claim.</p> <p>Possession of land, with claim of title, is notice to the world of the possessor’s claim.</p> <p>4. Promissory Note. Indorsed after maturity. Pre-existing equities.</p> <p>Where the payee of a promissory note indorses it after its maturity, the indorsee takes it subject to all defenses which might have been made against it in the hands of the payee.</p>