Rives v. Nesmith

Citations

• 64 Miss. 807

Syllabus

<p>1. Landlobd and Tenant. Parchase and assertion of adverse title by tenant. Pffeet of previous joint purchase. (Jase in judgment.</p> <p>N. and R. purchased a defective title to a' tract of land, knowing the defective character thereof, went into possession of the land, received a bond for title, paid a part of the purchase-motiey, and gave their two joint promissory' notes for the balance. When the first note became due, R., being unable or unwilling to pay his part of the money due, entered into a written contract with N., by which it was agreed that N. should procure R.’s release from the notes and individually assume payment thereof, that R. should transfer or leave to N. all the rights secured by the bond for title, and that R. should retain possession of the land for two years, in order -to reimburse himself for his part of the joint cash payment made on the land. N. accordingly procured the release of R. from the notes, and assumed payment of the same individually. While R. was in possession of the land under this agreement he purchased the outstanding valid title, and, after the expiration of the time during which lie was allowed to retain possession, he moved off the land, and then instituted an action of ejectment therefor. Held, that after R.’s release from the notes, he held possession of the land simply as tenant of N., and had the right to acquire title and assert it, as he has done.</p> <p>2. Same. When tenant may acquire and assert adverse title.</p> <p>A tenant of land may, during his tenancy, acquire a title adverse to that of his landlord, and, after the expiration of his term and the surrender of possession, may recover upon it.</p>