Morgan, Robertson & Co. v. Blewett

Citations

• 71 Miss. 409

Syllabus

<p>1. Champerty. English doctrine notin force.</p> <p>A sale of land by one out of possession, though it is claimed by another adversely, is not cliampertous. The English doctrine on this subject does not exist here.</p> <p>2. Same. Maintenance. Defraying cost by another.</p> <p>Where one mortgages land to secure a debt, at the same time entering into an agreement with the mortgagee, under which the latter is to foreclose and bid in the land at an agreed price exceeding the mortgage debt, and is to sue to recover possession of the property from a third person claiming it adversely, the mortgagor warranting the title and agreeing to defray the expenses of suit, in consideration of all which, on successful termination of the litigation, he is to be paid the agreed price, less the mortgage debt, and nothing if the title fails, there is nothing in the arrangement affecting the right of the mortgagee to maintain the suit against such third person.</p>