Morrison v. Kinstra

Citations

• 55 Miss. 71

Syllabus

<p>1. Married Woman. Contract to purchase land.</p> <p>The contract of a married woman to purchase land on a credit imposes no obligation on her personally, or on her separate estate.</p> <p>2. Trust Eund.. Converted into other property. Effect.</p> <p>A trust fund is traceable into whatever character of property it may be converted, and is still impressed with the trust; and the confusion, or mixing, of the trust estate with the trustee’s own property will not prevent the separation of the former from the latter.</p> <p>3. Same. Conveyance of land by guardian. Rights of ward.</p> <p>Where a guardian buys land with the funds of his ward, though not under the direction, or even by authority, of the court, and takes the title in his own name, with the addition, “trustee,” he cannot, as legal owner, convey to a subsequent purchaser a good title to such land, “free from embarrassment and reasonable doubt,” notwithstanding the guardian may also have an individual interest in the same; but a purchaser, with notice, would take the title subject to the right of the ward to pursue the fund into the land and hold it.</p> <p>4. Same. Estate of a ward. Sow divested.</p> <p>A ward’s interest, legal or equitable, in real estate is not affected by any private sale, or contract for sale, made by the guardian, but can only be divested by a ■ decree of the proper court and a sale at public vendue.</p> <p>5. Same. Contract to convey ward’s land. When canceled.</p> <p>Where a guardian contracts, ultra vires, to convey his ward’s lands, and it appears that the guardian, in making the contract, relied to a great extent upon the assurances of the party to whom the conveyance is to be made as to his power to convey, the court will not hold him individually bound by such contract, although the legal title be in his name, but will, upon his application, cancel the contract.</p>