Whitfield v. Lyon

Citations

• 93 Miss. 443
• 46 So. 545

Syllabus

<p>1. Vendor and Vendee. Purchase money. Payment Presumptions.</p> <p>Where in a' suit to cancel defendants’ title, the charge being that the ancestor, from whom defendants acquired the land, as a part consideration for his purchase thereof, had undertaken to pay a large sum in discharge of the debts of his vendor, but had failed to pay a part, approximately one-fifth, thereof, and the proof showing that the title to one-half the lands had failed and that the vendor made no effort to make good his broken warranty, it was-too late after thirty years acquiescence to claim that the purchaser, defendants’ ancestor, was in default.</p> <p>2. Winns. Life estate. Conveyance hy life tenant.</p> <p>Where a will devised land to testator’s children for life, remainder to their children, with power in the life tenants to sell the land and invest the proceeds in other lands to be held under the same limitations and conditions, the contention cannot be maintained that a conveyance by the life tenants was in violation of the will and not for reinvestment (the purchaser having full knowledge in-the premises) so as to entitle, the remaindermen to the land, because part of the consideration was land, title to which was taken in the names of the life tenants without limitation over to their children and part of the money consideration was used to'pav off liabilities of the life tenants, on the purchase money of another tract of land they had bought, taking title in their own names; their agreement of sale of the devised land expressly naming the other tract as one to be invested in under the terms of the will, it not appearing that‘their vendee had reason to know or believe that they would fail to settle the title accordingly.</p> <p>3. Same. Mortgage on account of taxes.</p> <p>Although, a will devising land to testator’s children ror life, remainder to their children, gave the life tenants power only to sell for purposes of reinvestment, yet, there being taxes due on the land and th