Moore v. Crump

Citations

• 84 Miss. 612

Syllabus

<p>1. Trusts. Obtaining conveyance by fraud. Statute of frauds. Code 1893, 4230. Parol evidence. Sufficiency of evidence.</p> <p>A trust, not within the statute of frauds (Code 1892, § 4230), and which may be established by parol, will be raised in favor of a party to whom land was intended to be granted or devised, if another by actual fraud obtains the legal title thereto; but the trust can be established only upon clear and convincing proof of the fraud.</p> <p>2. Same. Facts examined.</p> <p>Facts examined and adjudged not to make out a case within the rule above stated.</p> <p>3. Same. Witnesses. Estate of decedent. Code 1892, g 1740.</p> <p>Witnesses are incompetent to testify to establish their own claims against the estate of a decedent, under Code 1892, § 1740, so providing.</p> <p>4. Same. Statute of limitations. Adverse possession. Code 1892, g¡¡ 2730, 2731, 2734. EquAty. Reformation.</p> <p>Where a grantor owned only the north half of a section of land and, intending to convey it, by error conveyed the west half and the grantee took actual possession of the land intended to be conveyed:</p> <p>(а) The grantor and those holding under him will be barred of all claim to the land intended to be but not actually conveyed after the expiration of ten years from the beginning of such possession; and</p> <p>(б) Equity would, on proper application, reform the deed so as to make it convey the land intended to be conveyed.</p> <p>5. Same. Chancery practice. Cross-bill. Prayer for general relief. Beformation granted.</p> <p>Where a cross-bill based on a mistake in a deed concluded with a prayer for general relief, the chancellor should have decreed that the cross-complainants were, as to the cross-defendants, the owners of the property in question, where the proof showed such to be the case, although the cross-bill did not seek the reformation of the deed.</p>