Moring v. Ables

Citations

• 62 Miss. 263

Syllabus

<p>1. Adverse Possession. In favor of vendee against vendor. Commences when.</p> <p>Where land' has been sold and possession delivered upon an agreement, verbal or written, to convey the title when the purchase-money shall have been paid, the vendee’s possession cannot be adverse to that of the vendor until after all the purchase-money has been paid or the right of action to recover it has been barred by limitation.</p> <p>2. Ejectment. Upon forcible eviction. Against owner entitled to enter peaceably. Action of unlawful entry and detainer.</p> <p>A vendee of land having no legal title thereto, and having failed to comply With his contract of purchase, cannot maintain ejectment to recover possession of such land from one who, being the purchaser of the legal title thereof and having the right to make a peaceable entry, took forcible possession of the same. To recover, in such case, the aggrieved party should resort to the action of unlawful entry and detainer.</p>