Summers v. Brady

Citations

• 56 Miss. 10

Syllabus

<p>Limitatiojt of Action's. Chancery sale. The bar of one year. Sect. 8178 of Code.</p> <p>Sect. 2173 of the Code of 1871, which provides that no action shall be brought to recover land sold by order of a Chancery Court, where the sale is in good faith and the purchase-money paid, unless brought within one year after such sale, bars a recover}' by heirs whose ancestor’s lands have been sold by the administrator of his estate, under an order of the Chancery Court, and they fail to bring their action for the recovery of the lands within one year after such sale, notwithstanding any defects in the proceedings of sale, — even the want of notice, on their part, of such proceedings, — if it appears that the sale was in good faith and the purchase-money paid.</p> <p>2. Same. Sect. $173 of Code. Sale in good faith. Case in judgment.</p> <p>S., being the administrator of an insolvent estate, sold the lands thereof under an order of the Chancery Court. At the sale, D. became the purchaser of the lands, ostensibly for himself; but soon thereafter he. conveyed a two-thirds interest in the same to S., the administrator. D. and S. then conveyed a part of the lands to N., and several years after the judicial sale he conveyed the same to B. It appears that S., the administrator, was interested in D.’s purchase, but it is not shown that B. had any knowledge or suspicion of that fact. The heirs of the decedent bring an action of ejectment against B., who pleads the limitation of one year, as provided in sect. 2173 of the Code. Held, that if the land wasstill in the possession of S. andD., the bar of sect. 2173 could not be pleaded by them, because as to them the sale was not in good faith; but B., having no knowledge or suspicion of the administrator’s secret interest in the purchase, and not being required by law to inquire into that matter, may plead the bar of that statute.</p> <p>3. Same. Personal actions. Real actions. Sects. $156, $147 of the Code.</p> <p>Sect. 2156 of the Code