Taylor v. Mosely
Mississippi Supreme Court
Appeal from the Chancery Court of Lauderdale County. Hon. George Wood, Chancellor. Having allowed the legal title to stand in his son’s name upon the record until credit was extended upon the faith thereof, the father is now estopped to assert his secret equity against the mortgagee, who occupies the position of a purchaser in good faith.
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Appeal from the Chancery Court of Lauderdale County. Hon. George Wood, Chancellor. Having allowed the legal title to stand in his son’s name upon the record until credit was extended upon the faith thereof, the father is now estopped to assert his secret equity against the mortgagee, who occupies the position of a purchaser in good faith. Dickson v. Green, 24 Miss. 612 ; Nixon v. Coreo, 28 Miss. 414; Perkins v. Swank, 43 Miss. 349. The occupancy of the father was not notice of title to the mortgagee. Possession under an unrecorded deed is notice to the vendor’s creditors. Dixon v. Lacoste,…
1Opinion of the CourtCampbell, J.
The bill shows a resulting trust in favor of the complainant as to the land which is the subject of controversy, and that the complainant has had the actual occupation and exclusive dominion and control of the land since September, 1873, supposing the title to be in himself, and but recently has learned that his son, who made the investment for him, took the title in his own name instead of to the complainant, with whose money the purchase was made. The question is, whether the resulting trust in favor of the complainant, who actually occupied the land as his residence, shall prevail over the…
2Cases cited4 opinions
- Loughridge v. BowlandMississippi Supreme Court · 1876
- Jones v. LogginsMississippi Supreme Court · 1859
- Claiborne v. HolmesMississippi Supreme Court · 1875
- Bell v. FlahertyMississippi Supreme Court · 1871
3Cited by1 opinion
- Bratton v. RogersMississippi Supreme Court · 1884