Storm v. Smith

Citations

• 43 Miss. 497

Syllabus

<p>1. Contract — Consideration—Practice.—The purchaser of personal property on credit, at guardian’s sale, under erroneous decree of the probate court, cannot setup error in docreo as defense to an action for the purchase mo.ioy; but in such case he must seek relief by a reversal of the decree and return of the property.</p> <p>2. Sales — Caveat Ehttor. — In this country there is an implied warranty by a vendor of the title to his own goods if in his possession at the time of sale; but if in the possession of a third party, there is no such warranty, and the maxim caveat emptor applios.</p> <p>3. Trust Sales — Caveat Emptor__It is well settled that in trust sales of any kind there is no implied warranty of title, soundness or quality. And if the vendee bo put in possession, and protected by covenants of warranty, he cannot defeat an action for the purchase money, (except in cases of fraud,) without a previous eviction ; and this rule applies to sales of personal, as well as real of property.</p> <p>é. Judicial Sales — Void Decrees — Erroneous Decrees — Title.—The purchaser at a sale made under a void, decree, obtains no title ; but if the decree be under a decree not void but only voidable or erroneous, the title is good, and the sale must stand till the decree be reversed on error.</p>