Wilie v. Brooks

Citations

• 45 Miss. 542

Syllabus

<p>1. Equitable estoppel—void sale ratified by receipt of purchase-money by the heir, who is adult.—If the heir receives, by distribution, the purchase-money of land of the ancestor, sold under a void decree of the probate court, it is the settled doctrine in this state, that, as to an adult heir, such receipt is an estoppel from contesting the title.</p> <p>2. Same—minors, how affected.—A minor heir is not estopped from asserting title in such case, unless, after his majority, he ratifies such distribution of the purchase-money, but the purchase-money so received in the distributive share of a minor, should be refunded by his guardian before assuming possession of the land, or it should be made a charge upon the land.</p> <p>3. Oases cited. — The cases' of Lee v. Gardner, 26 Miss. 518, and Kemp et al. v. Pintard, 32 ib. 321, cited and applied.</p> <p>i. Other grounds of estoppel. — Besides an estoppel by an acceptance of the purchase-money, parties holding the paramount legal title may be barred in various other ways by their own acts, and they will be enjoined in equity from asserting their legal title, various examples of which are put in the opinion of the court.</p> <p>5. Improvements—compensation eob, when aelowed.—Where improvements are made, bona fide, and without notice of any defect of title, and have permanently enhanced the value of the property; or where the holder of the legal title has lain by and allowed the improvements to be made without giving any notice of any defect in the title, this is a just ground for equity to afford relief and decree compensation to the extent of the enhanced value of the property, by reason of such additions; and a court of equity might, under circumstances, go further and oblige the real owner to permit the person making such improvements on land, to enjoy it quietly and without disturbance.</p>