Niles v. Davis

Citations

• 60 Miss. 750

Syllabus

<p>1. Purchaser ob Land. Under parol sale. Subsequent conveyance. Intervening judgment-lien.</p> <p>A vendee having acquired possession of land under a parol sale cannot set up against the rights of a judgment-creditor of the vendor a title acquired by a deed executed after the enrollment of the judgment, though made in pursuance of the parol sale. The rights of the judgment-creditor attach with the inception of the lien, and cannot be varied by any subsequent conveyance which the debtor could not have been compelled by a court of chancery to make.</p> <p>2. Same. Parol sale. Title by adverse possession. Judgment against vendor. Execution. Injunction.</p> <p>A parol vendee of land may, as against the vendor, acquire by adverse possession, a title coextensive with the boundaries of the land, though the ven-dee’s actual possession extend to only a part of the tract. And after such possession has ripened into a perfect title, the vendee may assert and maintain his title by a bill to enjoin a sale under an execution issued upon a judgment against the vendor, even though the judgment may have been rendered and become a lien before such title became perfect.</p>