Nolan v. Snodgrass

Citations

• 70 Miss. 794

Syllabus

<p>Ciianokry Court. Specific performance. Contract to convey. Limitation. Doing equity.</p> <p>Allhough defendants, whose ancestor contracted to convey land upon payment of the contract price, arc barred by lapse of time from recoveringcither the land or the price from the purchaser, who entered under his contract, the representative of such purchaser, who relies on the bar of the statute of limitations, cannot invoke the aid of equity to cancel defendant’s claim to the land, unless he offers to pay the balance of the purchase-money and interest. Such a suit, though in form one to cancel clouds, i.s one for specific performance, which will not be decreed unless complainant offers to perform his part of the contract.</p>