Price v. Ferguson

Citations

• 66 Miss. 404
• 6 So. 210

Syllabus

<p>1. Deed. Ambiguity. Evidence aliunde.</p> <p>The following description in a deed does not present a patent ambiguity: “Ten acres in S. E. £ of N. E., J sec. 33, same being all S. E. J, except the interest of Martin (17 acres) and Hunter (13 acres).” Evidence aliunde is admissible to apply it to the subject-matter. But such evidence must identify the particular land of both Martin and Hunter which is excepted, or else the deed fails.</p> <p>2. Ejectment. Tax-title. Right of minor to redeem. Tender.</p> <p>Under $ 531, code 1880, an infant whose land is sold for taxes may redeem at any time before the expiration of one year after majority. Tender of the amount due pending a trial in ejectment will preclude recovery' from the infant upon the tax-title. Even after judgment, on a tender of the amount with costs, the court would refuse to dispossess the infant.</p>