Skip to main content
· 10/15/1888

Stewart v. Matheny

Citations

  • 66 Miss. 21

Syllabus

<p>1. Notice. Recital in deeds.</p> <p>A purchaser of laud is conclusively presumed to know what appears on the face of the title-papers under which he claims.</p> <p>2. Like Tenant. Claim for improvements. Case in judgment.</p> <p>Where, by a deed duly recorded, a life estate is created, one having title to land derived under mesne conveyances from the life tenant, who erects permanent improvements on the land, takes the risk of the duration of the life estate, and cannot, after the termination thereof, charge the land as against the remainder-man with the value of the improvements.</p> <p>3. Estoppel. Remainder-mom not estopped, when.</p> <p>The mere fact that the remainder-man stood by and permitted improvements to be made on the land by the life tenant and did not give notice of his claim will not estop the remainder-man from claiming the improvements after the life estate is terminated. Knowledge that the improvements are being made imposes no obligation on him to object.</p> <p>4. Purchase of Tax-Title by Life Tenant.</p> <p>A tenant for life cannot acquire a tax-title to the defeat of the remainder-man.</p>

Judges: Campbell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.