Sevier v. Minnis
Mississippi Supreme Court
From the chancery court of Monroe county. Hon. Baxter McFarland, Chancellor. On December 3,1872, appellant, Josephine Sevier, was the owner of the land in controversy, and, jointly with her husband, executed a trust-deed thereof in the usual form to secure their joint note for $5f0 to W. S. Vestal for money borrowed at the time.
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From the chancery court of Monroe county. Hon. Baxter McFarland, Chancellor. On December 3,1872, appellant, Josephine Sevier, was the owner of the land in controversy, and, jointly with her husband, executed a trust-deed thereof in the usual form to secure their joint note for $5f0 to W. S. Vestal for money borrowed at the time. Default having been made in payment of the note, the trustee, in 1879, sold the land, and Vestal became the purchaser, and received a conveyance from the trustee. Under the law at that time, and prior to the code of 1880, regulating such incumbrances by married women,…
1Opinion of the CourtCampbell, C. J.
Mr. Vestal,'by his purchase under the deed of trust, became entitled to the income arising from the estate, and it was his duty, while in the enjoyment of the estate, to pay the taxes, and he could not free himself from this obligation by relinquishing to another the land or permitting it to be sold for taxes, and bought by another. It is manifest that, by agreement with Vestal, Robert Minnis purchased the land *477at the sale for non-payment of taxes, and put the title in his mother, who had expectation of acquiring the land by devise under the will already made, and which, though subject to be…
2Cases cited2 opinions
- McDougal v. People's Savings BankMississippi Supreme Court · 1885
- Cross v. HedrickMississippi Supreme Court · 1888