The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-02-22
reference to the land, from asserting his
legal title TO 1t.
Decree affirmed
A. q. HARKREADER.


VS..
y Il. j. CLAYTON, Admir- of
LEROY M. WILEY, deceased.
Wiley, who had given bond for title to
the Merits, taking the lattcr's note, sent a
deed to Drane, to be delivered when the
money was paid. Lawyers employed by
Drane filed a bill in the name of Wiley
after his death, exhibiting the deed; and the
commissioner, under the decree, made
Merritt deed, but the sale was not confirm
ed After Drane's death, which occurred
pending the suit, Harkreader purchased
from Merritt, and the commissioners and
and Wiley's deeds were recorded. In this |
suit, the representatives of Wiley to enforce |
specific performance and collect the pur-
chase money, Harkreader testified that
he purchased for value without notice;
that the commissioners and Wiley's deed
were void, the former because the suit was
in dead mans name, and the latter
because not delivered; and this testimony
was excluded on Harkreader's incompetency
to establish against the estate OF n decedent
person his claim which originated during
such persons lifetime.
1t is claimed by the complainants that the
proceedings commenced and prosecuted in {
Wiley = name after his death are void and {
that the deed executed by Wiley, and de-
livered to his agent, Drane, to be delivered +
to the Merrltt's upon their payment of the I
balance OF purchase money, and distracted
from the papers and record of the suit, con- a
vcyed no title. That the legal title remains
in the heirs of Wiley. That Harkreader .
cannot sustain the claim of an innocent
purchaser. That he had notice by the deed o
of Wiley filed in the suit as an exhibit that
it was an unrecorded instrument from the
Endorsements upon it.
1t is shown that the money realized by
sale of the land by the commissioner was I'll
paid to the widow of Drane, who set up n
claim to it by the lawyers employed by her
husband, agent OF Wiley, who was non-resi- c'
lent of Mississippi, while living, during the re
whole transaction. w
Defendant alleges that the deed of Wiley ii
vas withdrawn from the files of the suit -
md delivered to him and his vendors by r
me of the attorneys in the suit for sale of HI
he land and upon his paying for and res TO
Giving the commissioners deed. A,
Defendants also set up tax title derived 49,
rom the State to the land. Ill
SIMRALL, G. J. ye
7eM- WI
10y
l. The death Of Wiley occurred four days fr,
efore the bringing of the suit by the agent 49,
'rane, and it put an end to the power of we
'rane and the solicitors to proceed further up
! the business. The rights of Wiley in Gal
le money and to the land had been trans r.
lifted to his personal and legal represen- w
Itives When the solicitors took the first yes
ep they occupied mo fiducial relation to tin
Iiley nor could they. In ignorance of his tha
cath they conducted through the Court of
hancery solemn farce in his name as a
wing actor. The Messrs. Merritt in like
bought under the decree. an,
2. The final and complete act which a.;
axes deed effectual is delivery. Whilst "S
} specific formalities are necessary the
antor must consent that the deed shall
Iss irrevocably from his control and the of
antee must accept. If from what occurs con-
tween the grantor and grantee delivery , - :.
d acceptance may be implied it is equiv IL
ant to an actual delivery. 1t is the assent,
press or implied, to the act that gives it
icacy. An escr0ao in the hands of a third fro
rty for delivery to the grantee upon some r.
ture event and it be delivered accord oel
ely it is not the grantors deed until the
cord delivery. If the grantee obtains
ssession of it before the event happens L
Q grantor may avoid it on the plea of non Mrs
Jdctum. Thu
3. The appellants vendors had no title Ler
d could convey none. The doctrine of n
innocent purchaser without notice has II
application to him. In all cases where u
at plea can be interposed the party must n 1ns'
We acquired the legal title which he thus Ies
empts to protect against some undisclos- anu ai.
equity or charge on the property. Wiley CITY
d his agent Drane were both dead when
srritt got the deed. We think the better T
uity is with the heirs and devisees who mn,
We never realized the price of the land
her with Harkreder. At all events it is pe
1al and when the equities are equal the
al title will prevail. "
/. The Merritts, in possession as pur- mid
lsers under Wiley whose duty. it was pay on q
taxes, could have acquired no title para ~
unit to that under which they entered. ope'
is decision has been arrived at indepen- gent
It of the dispositions of Harkreader and into
rritt which were suppressed because OF CARR
ir alleged incompetency. The respond 49,
did not by any of their defences OBJ door
g the complainants equity. The
corn