Stevens v. Durrett

Citations

• 49 Miss. 411

Syllabus

<p>1. Chancery Court — Purchase of Land at an Adjmnistkator’s sale, by an order of the Probate Court. — J, D. Durrett, D. W. Durrett and J. W. Durrett, heirs at law of Z. W. Durrett, deceased, sued Jas. M. Stevens in ejectment, for the recovery of certain lands. They state in their declaration, that their right of action accrued on the 1st of January, 1867. They claim $400.00, for use and occupation of the premises. Defendant ploaded the general issue, and, pleaded also, that he was a bona fide purchaser of the land sued for, and claims $415 Q0 for valuable improvements made on the place, it was admitted that Z. W. Durrett died seized and possessed of tho land in controversy, and that there are live other heirs, not made parties to the suit. Defendant offered to read in evidence, a transcript of the proceedings of the piobate court, in the matter of the sale of the laud by the administrator of Z. W. Durrett, deceased, by which defendant derived his title; plaintiff objected; the objection was sustained. Held \\ That the court below ruled correctly in sustaining the objection. The proceedings of the probate court on the estate of tbo ancestor of the plaintiff in the action, disclosed the fact, that the sale of the realty was made without any order of tho probate court, and without service of citation upon the heirs, and the administrator was a stranger to the real estate. If there had been a salo under a decree of the probate court which was for some cause void, the heirs could not be denied their right of recovery. The purchaser has only a lien on tho laud for the money advanced by him. Act ot February 11,1873.</p> <p>2. Right of Purchaser. — The rights of tho purchaser under such circumstances, whatever those rights may be, are equitable rights and can be enforce 1 only in a court of equity,</p>