Stewart v. Matheny
Mississippi Supreme Court
Appeal from the chancery court of Monroe county. Hon. Baxter McFarland, Chancellor. The lot in controversy was originally owned by Atkinson Stewart, who, in 1840, conveyed it by deed duly recorded, to trustees for the use of Mary Stewart for her life, and after her death to his children then living. Appellee Matheny obtained title and possession of the lot under successive conveyances from the life tenant, Mary Stewart, which deeds purported to conyey the fee.
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Appeal from the chancery court of Monroe county. Hon. Baxter McFarland, Chancellor. The lot in controversy was originally owned by Atkinson Stewart, who, in 1840, conveyed it by deed duly recorded, to trustees for the use of Mary Stewart for her life, and after her death to his children then living. Appellee Matheny obtained title and possession of the lot under successive conveyances from the life tenant, Mary Stewart, which deeds purported to conyey the fee. Prior to the purchase by Matheny his immediate vendor had purchased the lot at tax sale, and this title is relied on by Matheny. This…
1Opinion of the CourtCampbell, J.
If the rule which denies to a tenant for life of land compensation for improvements he puts on it during the continuance of his estate is subject to exceptions, the facts of this case do not constitute •one.
In Cole v. Johnson, 53 Miss. 94, the expression “good faith” •employed by our statute on the subject of the right of the defendant in ejectment to claim for improvements was held not to exclude the claim of one who had purchased land at a sale under a decree of a probate court and paid for it and improved it believing his title to be perfect.
In Pass v. McLendon, 62 Miss. 580, one who had…
2Cases cited3 opinions
- Cole v. JohnsonMississippi Supreme Court · 1876
- Wailes v. CooperCourt of Appeals of Mississippi · 1852
- Pass v. McLendonMississippi Supreme Court · 1885
3Cited by16 opinions
- Ray v. YoungSupreme Court of Iowa · 1913
- Fairlie v. ScottSupreme Court of Florida · 1924
- Hatchett v. ThompsonMississippi Supreme Court · 1936
- Ford v. WarnerCourt of Appeals of Texas · 1915
- Haywood v. . BriggsSupreme Court of North Carolina · 1947
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