Carter v. Bustamente
Mississippi Supreme Court
Appeal from the Circuit Court of Attala County. Hon. C. H. Campbell, Judge. The appellants are heirs of a creditor, who was secured by a trust deed executed by Gr.
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Appeal from the Circuit Court of Attala County. Hon. C. H. Campbell, Judge. The appellants are heirs of a creditor, who was secured by a trust deed executed by Gr. D. Bustamente, and recorded Feb. 8, 1873 upon land, which the beneficiary purchased at the sale by J. T. Butt, the trustee, on Nov. 24, 1879. The appellee is Bustamente’s wife, who on Nov. 14, 1877, purchased from the State the land which, on Jan. 3, 1876, was sold for the taxes of 1875. After Mrs. Bustamente became a defendant in this action of ejectment, begun Feb. 25,1880, against a tenant whom she put in possession on Jan. 1,…
1Opinion of the CourtCooper, J.
By the sale for taxes the legal title to the locus in quo passed *560to the State of Mississippi, and by her purchase was acquired by Mrs. Bustamente, unless, because of the prior conveyance from her husband to the trustee, J. T. Butt, the conveyance to her, by operation of law, inured to the benefit of the trustee, passing the estate acquired by her instantaneously by estoppel or rebutter as effectually as if it had been conveyed by her deed.
In the case of Taylor v. Eckford, 11 S. & M. 21, it was held that the wife of a mortgagor could not acquire title adverse to the mortgagee by purchase under…
2Cited by5 opinions
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- Mills v. Damson Oil CorporationCourt of Appeals for the Fifth Circuit · 1982