Nelson v. Ratliff

Citations

• 72 Miss. 656

Syllabus

<p>1. Tbust. Acceptance. Act of trustee does not end trust, when.</p> <p>A trustee, having' accepted the trust and proceeded in its execution, cannot, by his own act or default, bring the trust to an end.</p> <p>2. Limitation. Beneficiary barred token trustee is. Code 1880, l 2694.</p> <p>Though one to whom land is conveyed in trust for the benefit of others fails to interpose a defense to a suit brought to foreclose a prior mortgage, and, without objection, suffers the mortgagee to take possession of the property under a void sale in pais, the legal title remains in him for the beneficiaries. The statute of limitations begins to run ag'ainst him from the time adverse possess'on is so taken under claim of ownership; and, when he is barred, the beneficiaries he represents are barred. Code 1880, \\ 2694; Weir v. Monahan, 67 Hiss., 434.</p> <p>3. Fobeclosube Suit. Sale in pais. Adverse possession. IAs pendens.</p> <p>Where a bill is filed to foreclose a trust-deed, and the complainant, disregarding his suit, forecloses in pais, entering into possession thereunder and holding adversely for more than ten years, without reference to the validity of the foreclosure sale, his title becomes good by limitation, even as against the defendants in the suit, though it was never formally dismissed.</p> <p>4. Lis Pendens. Admerse possession. Limitation.</p> <p>In such case, the court never having- taken possession of the property in suit, and the defendants never having- answered or asked that it should do so, and the complainant having- done nothing to mislead them or to estop himself from relying upon the statute of limitations, though the suit has not been formally dismissed, the doctrine of Us pendens will not apply to protect them in maintaining a cross bill to vacate the sale and redeem, such cross bill being filed more than ten years after adverse possession taken by complainant under his purchase.</p> <p>5. -PBioBiTr of Incumbbances. Acceptance of interest. Waimer.</p> <p>W