Pass v. McLendon
Mississippi Supreme Court
Appeal from the Circuit Court of Grenada County. Hon. A. T. Bqane, Judge. On the 21st of December, 1881, Mrs. Martha L. McLendon executed to "W. N. Pass a deed purporting to convey one hundred and sixty acres of land therein described. Mrs. McLendon only had a life-estate in the property, but Pass was ignorant pf that fact, although the will creating and limiting her estate was on record in the county where the land was situated.
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Appeal from the Circuit Court of Grenada County. Hon. A. T. Bqane, Judge. On the 21st of December, 1881, Mrs. Martha L. McLendon executed to "W. N. Pass a deed purporting to convey one hundred and sixty acres of land therein described. Mrs. McLendon only had a life-estate in the property, but Pass was ignorant pf that fact, although the will creating and limiting her estate was on record in the county where the land was situated. On the 1st of September, 1882, Mrs. McLendon died. Between the 21st of December, 1881, amd the 1st of September, 1882, Pass expended two hundred and ninety-one…
1Opinion of the CourtCooper, J.
There is no error'in the record. Section 2512 of the Code of 1880, allowing to the defendant in ejectment compensation for improvements put upon the land sued for, is applicable only where the plaintiff demands or might demand mesne profits in the action. The improvements put upon the lands by the defendant during the life of the life-tenant passed to the remainder-men by the expiration of the particular estate, not by a failure of the title under which the defendant held. He was under no liability to account to the plaintiffs for rents during the continuance of the life-estate, and because…
2Cited by6 opinions
- Stewart v. MathenyMississippi Supreme Court · 1888
- MAGEE v. HolmesMississippi Supreme Court · 1954
- Hicks v. BlakemanMississippi Supreme Court · 1896
- Deanes v. WhitfieldMississippi Supreme Court · 1914
- McDowell v. ArnoldMississippi Supreme Court · 1954
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