Sevier v. Minnis

Citations

• 71 Miss. 473

Syllabus

<p>1. Tax-title. Who may acquire. Mortgagee in possession.</p> <p>Where, prior to the code of 1880, a married woman, with her husband, executed a mortgage of her land to secure borrowed money, a purchaser at foreclosure sale thereof became entitled only to the income during her life, and, while in possession, is under a duty to pay the taxes, and neither he nor one acting by his procurement can acquire a tax-title to the defeat of the mortgagor.</p> <p>2. Married Woman. Coverture. Mortgage. Equity.</p> <p>Although a mortgage of her land by a married woman and her husband, prior to code of 1880, was for borrowed money, to be used, and which was used, by her in purchase of other land, it cannot be enforced, except as to the income during her life, and this, regardless of what the parties to it intended.</p>