Nash v. Fletcher

Citations

• 44 Miss. 609

Syllabus

<p>1. PURCHASER IN GOOD FAITH— OCCUPANCY— COLOR OF TITLE — LIMITATIONS—CONSTRUCTION of statute. — Where lands were sold and conveyed by the legal representative of deceased, under an order of the probate court which was void, and the purchaser being unadvised of any defect in said order of sale, received the deed and paid the price in good faith, and entered upon, and cleared, improved and cultivated the land, using the same as a farm on the 28th day of July, 1858, he holds the same under color of .title, and is protected in his possession by the five years limitation prescribed in the eighth section of the act of 6th February, 1860, against all suits at law and in equity, not brought within that period. The terms bona fide used in said act, applies to the occupation of the land as a farm, and not to the title.</p> <p>2. Possession under void title — Color of title. — If the title under which the party relying on possession claims, and originally entered, be ever so defective, such possession is adverse; and if continued for the time limited, under a claim or color of title, merely void, it is a bar to a recovery under an elder title by deed, although, the adverse holder may have had notice of such deed. Angel on Limitations, 435, and authorities there cited; 8 Cow., 5S9 ; 16 Johns., 296 ; 18 ib., 40 ; 8 Peters, 41; 7 Wheat., 355.</p> <p>8.- Construction of statute_The act of 6th February, 1860, is not in violation of art. 1, §10, of the constitution of Mississippi. General and special laws of limita--tions are recognized not only as constitutional, hut as being founded on correct principles. Angel on Limitations, ch. 2. The interests of minors, etc., are subjects of legislation and limitation. At common law there was no saving in their favor.</p>