Sharpley v. Plant

Citations

• 79 Miss. 175

Syllabus

<p>1. Executobs. Sale of realty. Fraud.</p> <p>A sale of lands by an executor, under a decree of the chancery court directing it to be sold for cash, is void if by agreement between the executor and the purchaser a part of the purchase money be not paid but credited on a debt due from the purchaser to the executor as an individual; and a confirmation of a sale so made, upon a report concealing the facts, is fraudulent and does not validate the sale.</p> <p>3. Same. Wills. Bond. Code 1893, $1905.</p> <p>The provision of a will authorizing the executor to administer the estate without bond does not dispense with the necessity of the bond required by code 1893, $ 1905, directing executors selling the lands of their testators, under a decree of the chancery court, to execute bond for the faithful application of the proceeds; and a sale so made without bond is void.</p> <p>3. Same. Good faMh. Statute of limitation. Code 1893, $ 3760.</p> <p>A purchaser at an executor’s sale of lands who has not paid the entire purchase money, but who has been, by agreement, credited with a part of it on a debt due him from the executor individually, cannnot defend a suit for the land, after two years’ possession following the sale, on the ground that it is barred by code 1893, $ 3760, providing that actions shall not be brought to recover property sold by order of a chancery court, where the sale was in good faith and the purchase money paid, unless brought within two years after possession taken by the purchaser under such sale.</p> <p>4. Same. Setting aside sale. Decree. Improvements.</p> <p>Where an executor’s sale of lands is sought to be vacated because the purchaser did not pay the purchase money as required by the decree under which the sale was made, and the court found that he did not so pay all of it, but, by agreement, credited a part on a debt due him by the executor individually, it is error to order title to vest in the purchaser upon his paying complainants (the heirs of t