Saunders v. McLean

Citations

• 65 Miss. 397

Syllabus

<p>Tenants in Common. Charge on land. Taxes paid by one tenant. Satisfaction of claim.</p> <p>J. and N. owned a tract of land as tenants in common. M., a creditor of J., attached his undivided interest therein, which was sold under the attachment and bought by M. Pending the attachment suit, J. conveyed his interest in the land to N., in consideration of money previously advanced by the latter to pay the taxes on the land. M'. sought a partition of the land. N. claimed the whole by virtue of the deed from J., but, making her answer a cross-bill, asked that in the event such deed should be held void, one-half of the money advanced by her in payment of taxes while the land was owned by herself and J. together be' declared a lien on complainant’s half of the land. The chancellor declared the deed from J. to N. void, but charged M.’s interest in the land, with one-half of the sum of money advanced by N. for the payment of taxes, as prayed in the cross-bill. Meld, that N., by accepting the conveyance of J.’s interest in the land, in payment of the sum due her by J. for the taxes, thereby extinguished the debt and the lien therefor. .The deed carried J.’s interest im the land, subject to the claim of the attaching creditor, which N., having neglected to protect, was lost to her by the sale under the attachment.</p>