Burns v. Dreyfus
Mississippi Supreme Court
Prom the chancery court of the first district of Hinds county. Hon. H. C. Conn, Chancellor. John TV., Edward and Elizabeth Burns were tenants in common of certain real estate in'the city of Jackson. John TV. Burns had possession of the property for several years, and received and appropriated the rents. Thereafter he gave to Dreyfus & Ascher a trust-deed on the property, not specifying the extent of his interest, to secure the payment of a debt he owed them.
Read the full summary
Prom the chancery court of the first district of Hinds county. Hon. H. C. Conn, Chancellor. John TV., Edward and Elizabeth Burns were tenants in common of certain real estate in'the city of Jackson. John TV. Burns had possession of the property for several years, and received and appropriated the rents. Thereafter he gave to Dreyfus & Ascher a trust-deed on the property, not specifying the extent of his interest, to secure the payment of a debt he owed them. On default in the payment of the debt, the trustee, in pursuance of a power of sale, advertised the interest of said John TV’. Burn sin…
1Opinion of the Court
Cooper, J.,
delivered the opiuion of the court.
We recognize to its full extent the equitable principle that in the partition of lands held in common the court will, in the division of the property, or of its proceeds, if indivisible? and therefore sold for partition, do full justice between the co-tenants by directing accounts to be taken of receipts and disbursements by them, and will so apportion the fund as to do complete equity. This rule of equitable administration is frequently spoken of as a “lien” in favor of one co-tenant against the interest of the other, but it has never, so far as…
2Cited by8 opinions
- Kirby Lumber Co. v. Temple Lumber Co.Texas Supreme Court · 1935
- Gray v. JacobsenCourt of Appeals for the D.C. Circuit · 1926
- Omohundro v. ElkinsTennessee Supreme Court · 1902
- Reed v. HensonMississippi Supreme Court · 1930
- Pennington v. PurcellMississippi Supreme Court · 1927
3 more not listed; retrieve them via the Exa API.