Wade v. Thompson

Citations

• 52 Miss. 367

Syllabus

<p>T. Eject must : Title derained from a common source. Adverse title.</p> <p>A party entering into possession of lands under the title of his vendor cannot procure from another source an adverse and better title and set it up in opposition to that under which he got possession, and to the prejudice of his vendor. As a general rule the plaintiff must prove a complete title in himself. The exception obtains when both parties have derived title from the same person; then it is not competent for either party to dispute jthat title. If defendant did not derive possession from plaintiff, but claims adversely, he may buy in an outstanding title to defend his possession. He must then show that it was subsisting and available, on which a recovery could be had in ejectment.</p> <p>2. Same : Sale by trustee. He must pursue the directions prescribed in the trusts</p> <p>Tlie power of a trustee to sell is conditional, and he must pursue the directions prescribed. If he acts unfairly, or goes contrary to the powers conferred, the-grantor or other parties interested may arrest his steps or set the sale aside, but as to third persons the sale will be valid, notwithstanding such irregularities.</p>