Bramlett v. Roberts
Mississippi Supreme Court
From the chancery court of Wilkinson county. HoN. Claude Pijsttard, Chancellor. The appellant, D. C. Bramlett, purchased certain lands at execution sale, and received a deed from the sheriff in the usual form. Afterwards he conveyed a half-interest in said lands to one Fitts by a quit-claim deed. In the descriptive clause of said deed, the lands, besides being particularly described, are referred to as the same lands purchased by Bramlett at the execution sale.
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From the chancery court of Wilkinson county. HoN. Claude Pijsttard, Chancellor. The appellant, D. C. Bramlett, purchased certain lands at execution sale, and received a deed from the sheriff in the usual form. Afterwards he conveyed a half-interest in said lands to one Fitts by a quit-claim deed. In the descriptive clause of said deed, the lands, besides being particularly described, are referred to as the same lands purchased by Bramlett at the execution sale. At the time of the sale to Fitts, the wife of Bramlett had purchased certain of the lands at a sale by the tax collector of said…
1Opinion of the CourtCampbell, J.
"We recognize the doctrine that the estoppel of a conveyance of *327land is only “ co-extensi'úe with the estate, right or interest, which the conveyance purports to pass,” as held in McInnis v. Pickett, 65 Miss. 354, but the conveyances by Bramlett were not restricted to an estate less than the entire half-interest conveyed by each. He conveyed a half-interest in the land by one instrument, and the other half by the other. The reference in the conveyances to the sheriff’s deed to him conveying the lands was for purpose of description of the lands, and not a particular interest conveyed. The…
2Cases cited1 opinion
- McInnis v. PickettMississippi Supreme Court · 1887
3Cited by5 opinions
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- Lampley v. United States Ex Rel. Farmers Home AdministrationDistrict Court, N.D. Mississippi · 1998
- McLaurin v. Royalties, Inc.Mississippi Supreme Court · 1957
- Turner v. MillerMississippi Supreme Court · 1973
- Jackson v. HoltMississippi Supreme Court · 1942